STAND. COM. REP. NO.  175-08

Honolulu, Hawaii

                , 2008

RE:   H.B. No. 3085

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Sir:

     Your Committee on Economic Development & Business Concerns, to which was referred H.B. No. 3085 entitled:

"A BILL FOR AN ACT RELATING TO BUSINESS REGISTRATION,"

begs leave to report as follows:

     The purpose of this bill is to resolve inconsistencies, gaps, and ambiguities in the law allowing registration and protection of trademarks, service marks, and trade names in chapter 482, Hawaii Revised Statutes (chapter 482).  Among other things, this bill:

(1)  Distinguishes between the standard for registration of trade or entity names ("substantially identical") and the standard for determining ownership of trade or entity names under the common law ("confusingly similar");

(2)  Adds a C felony penalty for intentional false filings to the existing misdemeanor penalty for negligent false filings;

(3)  Reorganizes chapter 482 into four parts entitled Definitions, Trade Names, Trademarks and Service Marks, and Miscellaneous Provisions; and

(4)  Makes technical, nonsubstantive housekeeping amendments.

     The Office of Administrative Hearings and Business Registration Division of the Department of Commerce and Consumer Affairs testified in support of this bill.

     Your Committee has amended this bill by:

     (1)  Changing the effective date to July 1, 2034, to facilitate further discussion; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Economic Development & Business Concerns that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 3085, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 3085, H.D. 1, and be referred to the Committees on Consumer Protection & Commerce and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Economic Development & Business Concerns,

____________________________

KYLE T. YAMASHITA, Chair