This issue comes up with respect to the registration of trademarks rather than the issues that we've been speaking about thus far.
Because the bill has been amended to provide for distinctiveness to be examined during the trademark registration process—right now that is not the case—the bill does use the phrase “inherently capable of distinguishing”. Again, because the examiners will, for the first time, now be asked to examine whether the trademark is inherently distinctive or not, we would like some clarification about what exactly is meant by that phraseology.