STAND. COM. REP. NO. 1088

Honolulu, Hawaii

, 2001

RE: H.B. No. 601

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred H.B. No. 601, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRADE MARKS,"

begs leave to report as follows:

The purpose of this measure is to conform Hawaii's trademark laws to the Model State Trademark Act.

The Department of Commerce and Consumer Affairs testified in support of this measure.

This measure, which establishes a new part in chapter 482, Hawaii Revised Statutes, that conforms to the Model State Trademark Act:

(1) Establishes requirements and procedures for the registration and cancellation of trademarks and service marks;

(2) Prohibits the fraudulent registration of a mark;

(3) Establishes civil remedies for infringement of a mark; and

(4) Authorizes injunctive relief for dilution of a famous mark.

Your Committee finds that this measure provides greater protection for trademark and service mark owners than existing law. Further, the enactment of model trademark provisions will facilitate the free flow of commerce by establishing uniformity between Hawaii's trademark laws and the trademark laws of other states.

Your Committee has amended this measure by replacing its contents with the language of S.B. No. 1077, S.D. 1, a substantively similar measure that reflects preferred drafting style, and by making additional technical amendments for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 601, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 601, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection and Housing,

____________________________

RON MENOR, Chair