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Notice

Substantive Submissions Made During Prosecution of the Trademark Application

Document Details

Information about this document as published in the Federal Register.

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ACTION:

Proposed collection; comment request.

SUMMARY:

The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES:

Written comments must be submitted on or before May 5, 2014.

ADDRESSES:

You may submit comments by any of the following methods:

  • Email: InformationCollection@uspto.gov. Include “0651-0054 comment” in the subject line of the message.
  • Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
  • Federal Rulemaking Portal: http://www.regulations.gov.
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FOR FURTHER INFORMATION CONTACT:

Requests for additional information should be directed to the attention of Catherine Cain, Attorney Advisor, Office of the Commissioner for Trademarks, United States Patent and Trademark Office, P.O. Box 1451, Alexandria, VA 22313-1451, by telephone at 571-272-8946, or by email to Catherine.Cain@uspto.gov. Additional information about this collection is also available at http://www.reginfo.gov under “Information Collection Review.”

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SUPPLEMENTARY INFORMATION:

I. Abstract

The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 et seq., which provides for the Federal registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks. Individuals and businesses that use or intend to use such marks in commerce may file an application to register their mark with the USPTO.

Such individuals and businesses may also submit various communications to the USPTO, including providing additional information needed to process a request to delete a particular filing basis from an application or to divide an application identifying multiple goods and/or services into two or more separate applications. Applicants may seek a six-month extension of time to file a statement that the mark is in use in commerce or submit a petition to revive an application that abandoned for failure to submit a timely response to an office action or a timely statement of use or extension request. In some circumstances, an applicant may expressly abandon an application by filing a written request for withdrawal of the application.

The rules implementing the Act are set forth in 37 CFR Part 2. These rules mandate that each register entry include the mark, the goods and/or services in connection with which the mark is Start Printed Page 12491used, ownership information, dates of use, and certain other information. The USPTO also provides similar information concerning pending applications. The register and pending application information may be accessed by an individual or by businesses to determine the availability of a mark. By accessing the USPTO's information, parties may reduce the possibility of initiating use of a mark previously adopted by another. The Federal trademark registration process may thereby lessen the filing of papers in court and between parties.

II. Method of Collection

The forms in this collection are available in electronic format through the Trademark Electronic Application System (TEAS), which may be accessed on the USPTO Web site. TEAS Global Forms are available for the items where a TEAS form with dedicated data fields is not yet available. Applicants may also submit the information in paper form by mail, fax, or hand delivery.

III. Data

OMB Number: 0651-0054.

Form Number(s): PTO Forms 1553, 1581, 2194, 2195, 2200, and 2202.

Type of Review: Revision of a currently approved collection.

Affected Public: Businesses or other for-profits; not-for-profit institutions.

Estimated Number of Respondents: 292,706 per year.

Estimated Time per Response: The USPTO estimates that it will take the public from 5 minutes (0.08 hours) to 30 minutes (0.50 hours), depending on the complexity of the situation, to gather the necessary information, prepare the appropriate documents, and submit the information to the USPTO.

Estimated Total Annual Respondent Burden Hours: 64,305.

Estimated Total Annual Respondent Cost Burden: $25,014,645. The USPTO expects that the information in this collection will be prepared by attorneys at an estimated rate of $389 per hour. Therefore, the USPTO estimates that the respondent cost burden for this collection will be approximately $25,014,645 per year.

Item No.ItemEstimated time for response (minutes)Estimated annual responsesEstimated annual burden hours
1Trademark/Service Mark Allegation of Use (Statement of Use/Amendment to Allege Use) (Paper)251,704716
1Trademark/Service Mark Allegation of Use (Statement of Use/Amendment to Allege Use) (TEAS)2080,73326,642
2Request for Extension of Time to File a Statement of Use (Paper)121,819364
2Request for Extension of Time to File a Statement of Use (TEAS)10180,04730,608
3Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action (Paper)20348115
3Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action (TEAS)1518,5484,637
4Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Request (Paper)15349
4Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Request (TEAS)1215932
5Request to Delete Section 1(b) Basis, Intent to Use (Paper)10264
5Request to Delete Section 1(b) Basis, Intent to Use (TEAS)51,300104
6Request for Express Abandonment (Withdrawal) of Application (Paper)1010017
6Request for Express Abandonment (Withdrawal) of Application (TEAS)54,900392
7Request to Divide Application (Paper)153910
7Request to Divide Application (TEAS Global)101,922327
8Response to Intent-to-Use (ITU) Divisional Unit Office Action (Paper)3011
8Response to Intent-to-Use (ITU) Divisional Unit Office Action (TEAS Global)3011
9Response to Petition to Revive Deficiency Letter (Paper)2052
9Response to Petition to Revive Deficiency Letter (TEAS Global)1525063
10Petition to the Director Under Trademark Rule 2.146 (Paper)25125
10Petition to the Director Under Trademark Rule 2.146 (TEAS Global)20600198
11Due Diligence Petition Under Trademark Rule 2.66 (Paper)2521
11Due Diligence Petition Under Trademark Rule 2.66 (TEAS Global)2013043
12Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (Paper)3011
12Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (TEAS Global)302513
Totals292,70664,305

Estimated Total Annual (Non-Hour) Respondent Cost Burden: $28,705,256. There are no capital start-up, maintenance or recordkeeping costs associated with this information collection. However, this collection does have annual (non-hour) cost burden in the form of postage costs and filing fees.

Applicants incur postage costs when submitting non-electronic information to the USPTO by mail through the United States Postal Service. The USPTO estimates that the majority of the paper forms are submitted to the USPTO via first-class mail at a rate of 49 cents per ounce. Therefore, the USPTO estimates that the postage costs for the paper submissions in this collection will be $2,006.Start Printed Page 12492

Item No.ItemResponses (yr)Postage costsTotal cost (yr)
(a)(b)(a × b)
1Trademark/Service Mark Allegation of Use (Statement of Use/Amendment to Allege Use)1,704$0.49$835.00
2Request for Extension of Time to File a Statement of Use1,8190.49891.00
3Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action3480.49171.00
4Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Request340.4917.00
5Request to Delete Section 1(b) Basis, Intent to Use260.4913.00
6Request for Express Abandonment (Withdrawal of Application)1000.4949.00
7Request to Divide Application390.4919.00
8Response to Intent-to-Use (ITU) Divisional Unit Office Action10.491.00
9Response to Petition to Revive Deficiency Letter50.492.00
10Petition to the Director Under Trademark Rule 2.146120.496.00
11Due Diligence Petition Under Trademark Rule 2.6620.491.00
12Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA10.491.00
Totals4,0912,006.00

Filing fees are based on per class filing of goods and services; therefore, the total filing fees can vary depending on the number of classes. The total filing fees of $28,703,250 shown here are the minimum fees associated with this information collection.

Item No.ItemResponses (yr)Filing feesTotal cost (yr)
(a)(b)(a × b)
1Trademark/Service Mark Allegation of Use (Statement of Use/Amendment to Allege Use) (Paper)1,704$100.00$170,400.00
2Trademark/Service Mark Allegation of Use (Statement of Use/Amendment to Allege Use) (TEAS)80,733100.008,073,300.00
2Request for Extension of Time to File a Statement of Use (Paper)1,819150.00272,850.00
2Request for Extension of Time to File a Statement of Use (TEAS)180,047150.0018,004,700.00
3Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action (Paper)348100.0034,800.00
3Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action (TEAS)18,548100.001,854,800.00
4Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Request (Paper)34100.003,400.00
4Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Request (TEAS)159100.0015,900.00
5Request to Delete Section 1(b) Basis, Intent to Use (Paper)260.000.00
5Request to Delete Section 1(b) Basis, Intent to Use (TEAS)1,3000.000.00
6Request for Express Abandonment (Withdrawal) of Application (Paper)1000.000.00
6Request for Express Abandonment (Withdrawal) of Application (TEAS)4,9000.000.00
7Request to Divide Application (Paper)39100.003,900.00
7Request to Divide Application (TEAS Global)1,922100.00192,200.00
8Response to Intent-to-Use (ITU) Divisional Unit Office Action (Paper)10.000.00
8Response to Intent-to-Use (ITU) Divisional Unit Office Action (TEAS Global)10.000.00
9Response to Petition to Revive Deficiency Letter (Paper)50.000.00
9Response to Petition to Revive Deficiency Letter (TEAS Global)2500.000.00
10Petition to the Director Under Trademark Rule 2.146 (Paper)12100.001,200.00
10Petition to the Director Under Trademark Rule 2.146 (TEAS Global)600100.0060,000.00
11Due Diligence Petition Under Trademark Rule 2.66 (Paper)2100.00200.00
11Due Diligence Petition Under Trademark Rule 2.66 (TEAS Global)130100.0013,000.00
12Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (Paper)1100.00100.00
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12Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (TEAS Global)25100.002,500.00
Totals292,70628,703,250.00
* Note: All filing fees are based on per class filing.

IV. Request for Comments

Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.

The USPTO is soliciting public comments to: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

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Dated: February 28, 2014.

Susan K. Fawcett,

Records Officer, USPTO, Office of the Chief Information Officer.

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[FR Doc. 2014-04814 Filed 3-4-14; 8:45 am]

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