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: COL10312014 CH. 14 GUAM TRADEMARK COMMISSION

(a)A new “Guam Trademark and Intellectual Property Rights Act” to create and regulate the trademark law in Guam as it relates to or mirrors the current applicable U.S. Trademark and Intellectual 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 Maori “ToiIho” program in New Zealand), to promote and license Chamorro cultural arts manufactured or produced on Guam. The Commission may hire professional legal or technical services to assist and perform studies, roundtables, conduct polls, surveys and/or conferences 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 program. Guidelines should be discussed to include, but not be limited to, the following types of issues:

(1)Identification of initial types of cultural arts for use of trademark.

(2)Criteria for lineage of cultural knowledge qualifying for use of trademark.

(3)Criteria for authenticity of works qualifying for use of trademark.

(4)Criteria for quality of works qualifying for use of trademark.

(5)Criteria for cultural content qualifying for use of trademark.

(6)Sources, meanings and extrinsic functions of proposed trademark image.

(7)Proposed process for certifying artists for use of trademark.

(8)Proposed process for certifying arts organizations for use of trademark.

(9)Proposed process for certifying vendors for use of trademark. COL10312014 CH. 14 GUAM TRADEMARK COMMISSION

(10)Proposed terms for use of trademark in advertising, marketing, and sales. The Commission shall submit proposed legislation after its study for a new “Guam Trademark and Intellectual Property Rights

(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 perform all functions necessary to effectuate the mission of the Commission as adopted.