Chapter 14

2 GCA LEGISLATIVE BRANCH CH. 14 GUAM TRADEMARK COMMISSION 1 CHAPTER 14 GUAM TRADEMARK COMMISSION § 14101. Short Title. § 14102. Guam Trademark Commission, Established. § 14103. Convening of the Guam Trademark Commission . § 14104. Composition of Guam Trademark Commission. § 14105. Duties of Commission. § 14106. Conduct of Meetings. § 14101. Short Title. This Chapter shall be known as the Guam Trademark C ommission Act. § 14102. Guam Trademark Commission, Established. The Guam Trademark Commission is hereby established for the special purpose of developing policy direction and recommen dations relative to coordination, planning, implementation, administrat ion, promotion, compliance and enforcement of the 'Guam Trademark a nd Intellectual Property Rights Act' and the 'Guam Cultural Tradema rk Act.' NOTE: The Guam Trademark Commission shall remain in effe ct until its recommendations described in 2 GCA § 14105 are appr oved by the Guam Legislature, pursuant to P.L. 32-080:5 (Nov. 27, 2013). § 14103. Convening of the Guam Trademark Commission . The Guam Trademark Commission shall be under the di rection of the Chairperson of the Legislative Committee with overs ight over Cultural

2013). § 14103. Convening of the Guam Trademark Commission . The Guam Trademark Commission shall be under the di rection of the Chairperson of the Legislative Committee with overs ight over Cultural Affairs, and convened pursuant to provisions of thi s Act. § 14104. Composition of Guam Trademark Commission. The composition of the Commission shall be as follo ws: (a) The Legislative Chairperson with oversight over Cultural Affairs shall serve as the Chairperson of the Commi ssion; (b) The Director of the Department of Revenue and T axation (DRT), or his assigned representative, shall serve as the Vice- Chairperson. DRT is empowered to enforce regulation s and collect levies and fines from companies found in violation of the law; COL103120142 GCA LEGISLATIVE BRANCH CH. 14 GUAM TRADEMARK COMMISSION 2 (c) The President of the Department of Chamorro Aff airs (DCA), or his assigned representative. DCA can offer insig ht into the uniqueness of the Guam brand and the importance of protecting the aspects of the Chamorro culture and heritage; (d) The General Manager of the Guam Visitors Bureau (GVB), or his assigned representative.

queness of the Guam brand and the importance of protecting the aspects of the Chamorro culture and heritage; (d) The General Manager of the Guam Visitors Bureau (GVB), or his assigned representative. GVB is tasked with promoting the Guam brand in its entirety; (e) The Administrator of the Guam Economic Developm ent Authority (GEDA), or his assigned representative. G EDA offers programs and opportunities for economic development ; (f) The Attorney General of Guam (AGO), or his desi gnated legal representative from the Office of the Attorne y General. The AGO shall provide guidance on intellectual property rig hts relative to the Guam brand, and legal opinions as requested; (g) The Chairperson of the Guam Council on the Arts and Humanities (CAHA), or an assigned representative; (h) One (1) member of I Liheslatura Majority appointed by the Speaker. The Speaker may appoint herself, or a des ignee; (i) One (1) member of I Liheslatura Minority appointed by the Speaker; (j) Two (2) members appointed by the Speaker of I Liheslatura , representing organizations active in the promotion of Chamorro Cultural Arts on Guam.

I Liheslatura Minority appointed by the Speaker; (j) Two (2) members appointed by the Speaker of I Liheslatura , representing organizations active in the promotion of Chamorro Cultural Arts on Guam. (k) The Commission shall include additional public and private sector members to serve on subcommittees in the fou r areas of visual arts, performing arts, literary arts, and tradition al arts, demonstration and exhibitions, or elect them as committee members , provided that they possess significant background, knowledge and experience with locally produced products; and the Commission may p rescribe special procedures for their participation. § 14105. Duties of the Commission. The Commission shall work collaboratively to create policy recommendations, rules and legislation for two (2) specific areas in defining and developing a Guam Trademark Law: COL103120142 GCA LEGISLATIVE BRANCH CH. 14 GUAM TRADEMARK COMMISSION 3 (a) A new 'Guam Trademark and Intellectual Propert y Rights Act' to create and regulate the trademark law in Gu am as it relates to or mirrors the current applicable U.S. Trademark and I ntellectual Property Rights statute, and provide additional statutes as needed.

create and regulate the trademark law in Gu am as it relates to or mirrors the current applicable U.S. Trademark and I ntellectual Property Rights statute, and provide additional statutes as needed. (b) A cultural (certification) trademark program, titled, the 'Guam Cultural Trademark Act' (similar to that of the Mao ri 'ToiIho' program in New Zealand), to promote and license Cha morro cultural arts manufactured or produced on Guam. The Commissi on may hire professional legal or technical services to assist and perform studies, roundtables, conduct polls, surveys and/or conferen ces to report findings and present initial guidelines for a Guam Cultural Trademark program so that a proposal can be presented to the broader community as a concrete, well-considered, and cohesive progra m. Guidelines should be discussed to include, but not be limited to, the following types of issues: (1) Identification of initial types of cultural ar ts for use of trademark. (2) Criteria for lineage of cultural knowledge qua lifying for use of trademark. (3) Criteria for authenticity of works qualifying for use of trademark. (4) Criteria for quality of works qualifying for u se of trademark.

age of cultural knowledge qua lifying for use of trademark. (3) Criteria for authenticity of works qualifying for use of trademark. (4) Criteria for quality of works qualifying for u se of trademark. (5) Criteria for cultural content qualifying for u se of trademark. (6) Sources, meanings and extrinsic functions of p roposed trademark image. (7) Proposed process for certifying artists for us e of trademark. (8) Proposed process for certifying arts organizat ions for use of trademark. (9) Proposed process for certifying vendors for us e of trademark. COL103120142 GCA LEGISLATIVE BRANCH CH. 14 GUAM TRADEMARK COMMISSION 4 (10) Proposed terms for use of trademark in advert ising, marketing, and sales. The Commission shall submit proposed legislation af ter its study for a new 'Guam Trademark and Intellectual Property Right s (IP) Act' and the 'Guam Cultural Trademark Act' to I Liheslaturan Guåhan no later than one hundred eighty (180) calendar days from the date of enactment of this Act, and shall be subject to legislative approval and pe rform all functions necessary to effectuate the mission of the Commissi on as adopted. § 14106. Conduct of Meetings, Quorum.

enactment of this Act, and shall be subject to legislative approval and pe rform all functions necessary to effectuate the mission of the Commissi on as adopted. § 14106. Conduct of Meetings, Quorum. The Commission shall meet once a month to discuss a nd assess progress and recommendations. A simple majority of members of the Commission shal l constitute a quorum to do business; any action taken by the Comm ission shall be by a simple majority of the members. ---------- COL10312014 COL10312014