S.Amdt. 5851

SA 5851. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROTECT ACT.

(a) Short Title.--This section may be cited as the
``Preservation of Rights and Ownership of Traditional
Emblems, Crests, and Tributes Act'' or the ``PROTECT Act''.
(b) Registration of Trademarks.--
(1) In general.--Section 2 of the Act entitled ``An Act to
provide for the registration

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and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (commonly known as
the ``Trademark Act of 1946'') (15 U.S.C. 1052), is amended--
(A) by redesignating subsection (f) as subsection (g);
(B) by inserting after subsection (e) the following:
``(f) Is authorized, issued, or controlled by the
Government for the purposes of Department of Defense or Armed
Forces awards, decorations, campaign and service ribbons, or
medals, except that such a mark may be registered at the
discretion of the agency or department of the Government that
controls the official use of the mark.''; and
(C) in subsection (g), as so redesignated--
(i) in the first sentence, by striking ``and (e)(5)'' and
inserting ``(e)(5), and (f)''; and
(ii) by adding at the end the following: ``Nothing in
subsection (f) may be construed to prohibit the continued use
of a mark on or after the date of enactment of the
Preservation of Rights and Ownership of Traditional Emblems,
Crests, and Tributes Act by any person or entity, including a
nonprofit organization, if that person or entity was using
that mark before that date of enactment and that use was
lawful before that date of enactment, except that, on and
after that date of enactment, no person or entity other than
an agency or department of the Government described in that
subsection may register such a mark on the principal
register.''.
(2) Technical and conforming amendments.--The Act entitled
``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of
certain international conventions, and for other purposes'',
approved July 5, 1946 (commonly known as the ``Trademark Act
of 1946'') (15 U.S.C. 1051 et seq.), is amended--
(A) in section 1(d)(1) (15 U.S.C. 1051(d)(1)), by striking
``subsections (a) through (e) of section 2'' and inserting
``subsections (a) through (f) of section 2''; and
(B) in section 26 (15 U.S.C. 1094), by striking ``2(f)''
and inserting ``2(g)''.
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