(a) General rule.--Native American names and use of
likenesses shall be considered subject to trademark and
registered by the department as trademarks. These shall include:
(1) Names of Native American nations, tribes, clans,
bands and other collective names for groups of Native
Americans, including the anglicized and original names in the
group's native language.
(2) Identifiers for Native American groups, such as
tribal insignias, flags, emblems or tribal-identifying fabric
patterns.
(3) Symbols, mascots, logos or other depictions of
Native American culture for which Native Americans have
established and traditionally used, including ritual pipes,
weapons, headdresses, clothing, medicine and other cultural
signifiers.
(b) Ownership.--Ownership of the trademarks described in
subsection (a) shall be as follows:
(1) For identifiers associated with a specific nation,
tribe or other collective Native American group, trademark
rights shall be reserved to and considered the exclusive
property of the federally recognized organization
representing that Native American group. The department shall
contact the specific nation, tribe or other collective Native
American group to inform them of the ownership of trademarks
and their rights in this Commonwealth.
(2) For identifiers not associated with a specific
nation, tribe or other collective Native American group,
trademark rights shall be reserved in trust by the department
to and considered the exclusive property of the department,
on behalf of the Commonwealth.
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