Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs, to which was referred S.B. No. 1077, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this bill is to conform Hawaii's trademark law to the most recent version of the Model State Trademark Act.

Testimony in support of this measure was received from the Business Registration Division, Department of Commerce and Consumer Affairs. An attorney expressed concerns about this measure, including its necessity, its administrative burden and cost, and its lack of funding and low filing fee.

Your Committees find that Hawaii's current law provides the trademark holder with little more than the holder's mark. This bill protects state trademark holders by allowing for greater damage awards for trademark infringements, includes a comprehensive definition section, and addresses issues and situations that are not contained in the current law.

Your Committees agree that it is in the State's best interest to enact trademark legislation that modernizes and maintains the uniformity of Hawaii's business registration laws by adopting model language that is uniform with a majority of other states, and by incorporating the latest development in business registration law.

As affirmed by the records of votes of the members of your Committees on Consumer Protection and Commerce and Judiciary and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1077, S.D. 1, and recommend that it pass Second Reading and be placed on the calendar for Third Reading.