80 FR 14968 - Proposed Revision of a Currently Approved Information Collection; Comment Request; Trademark Petitions

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 80, Issue 54 (March 20, 2015)

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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 14968-14970]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06448]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Proposed Revision of a Currently Approved Information Collection; 
Comment Request; Trademark Petitions

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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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 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before May 19, 2015.

ADDRESSES: Written comments may be submitted by any of the following 
methods:
     Email: [email protected]. Include ``0651-
0061 Trademark Petitions'' in the subject line of the message.
     Mail: Marcie Lovett, Records Management Division Director, 
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.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Catherine Cain, United States Patent and 
Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by 
telephone at 571-272-8946; or by email at [email protected] with 
``Paperwork'' in the subject line. Additional information about this 
collection is also available at http://www.reginfo.gov under 
``Information Collection Review.''

SUPPLEMENTARY INFORMATION:

I. Abstract

    The USPTO administers the Trademark Act, 15 U.S.C. 1051 et seq.,

[[Page 14969]]

which provides for the registration of trademarks, service marks, 
collective trademarks and collective 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 marks with the USPTO.
    Individuals and businesses may also submit various communications 
to the USPTO, including letters of protest, requests to make special, 
responses to petition inquiry letters, petitions to make special, 
requests to restore a filing date, and requests for reinstatement. The 
USPTO uses the information described in this collection to process 
letters of protest, requests to make special, responses to petition 
inquiry letters, petitions to make special, requests to restore filing 
date, and requests for reinstatement. The information is used by the 
public for a variety of private business purposes related to 
establishing and enforcing trademark rights. Information relating to 
the registration of a trademark is made publicly available by the 
USPTO. The release of information in a letter of protest is controlled 
and may be available upon request only.
    A letter of protest is an informal procedure whereby third parties 
who object to the registration of a mark in a pending application may 
bring to the attention of the USPTO evidence bearing on the 
registrability of the mark. A letter of protest must identify the 
application being protested and the proposed grounds for refusing 
registration and include relevant evidence to support the protest.
    A request to make special may be submitted where an applicant 
requests that initial examination of an application be advanced out of 
its regular order because the mark in the application was the subject 
of an inadvertently cancelled or expired previous registration.
    A response to a petition inquiry letter is submitted by a 
petitioner who is responding to a notice of deficiency that the USPTO 
issued after receiving an incomplete Petition to the Director. A 
petition may be considered incomplete if, for example, it does not 
include the fee required by 37 CFR 2.6 or if it includes an unverified 
assertion that is not supported by evidence.
    The USPTO generally examines applications in the order in which 
they are received. A petition to make special is a request by the 
applicant to advance the initial examination of an application out of 
its regular order.
    A request to restore a filing date is submitted by an applicant who 
previously filed an application that was denied a filing date. The 
request must include evidence showing that the applicant is entitled to 
the earlier filing date.
    If an applicant has proof that an application was inadvertently 
abandoned due to a USPTO error, an applicant may file a request to 
reinstate the application instead of a formal petition to revive. To 
support such a request, the applicant must include clear evidence of 
the USPTO error.

II. Method of Collection

    Electronically, if applicants submit the information using the 
forms available through the Trademark Electronic Application System 
(TEAS). By mail or hand delivery, if applicants choose to submit the 
information in paper form.

III. Data

    OMB Number: 0651-0061.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; business or other for-
profit organizations; not-for-profit organizations.
    Estimated Number of Respondents: 2,988 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
approximately 35 minutes (0.58 hours) to 75 minutes (1.25 hours) to 
complete this information. This includes the time to gather the 
necessary information, create the documents, and submit the completed 
request to the USPTO.
    The time per response, estimated annual responses, and estimated 
annual hour burden associated with each instrument in this information 
collection is shown in the table below.
    Estimated Total Annual Hour Burden: 2,749.67 hours per year.
    Estimated Total Annual Cost Burden: $1,069,620.33. The USPTO 
expects that an attorney will complete the instruments associated with 
this information collection. The professional hourly rate for attorneys 
is $389. Using this hourly rate applied across the 2,749.67 respondent 
burden hours associated with this collection, the USPTO estimates 
$1,069,620.33 per year for the total hourly costs associated with 
respondents.

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                                                                        Estimated time     Estimated
                IC No.                      Information collection       for response       annual      Estimated annual    Rate ($/hr)     Total cost
                                                  instrument                (hours)        responses      burden hours
                                                                                   (a)             (b)   (a) x (b) = (c)     (c) x (d) =
                                                                                                                                     (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................  Letter of Protest (TEAS Global)             1.0           1,692          1,692.00         $389.00     $658,188.00
1....................................  Letter of Protest (Paper)......            1.25             423            528.75          389.00      205,683.75
2....................................  Request to Make Special TEAS               0.58              90             52.50          389.00       20,422.50
                                        Global).
2....................................  Request to Make Special (Paper)            0.75              10              7.50          389.00        2,917.50
3....................................  Response to Petition to                    0.58             200            116.67          389.00       45,383.33
                                        Director Inquiry Letter (TEAS
                                        Global).
3....................................  Response to Petition to                    0.75              35             26.25          389.00       10,211.25
                                        Director Inquiry Letter
                                        (Paper).
4....................................  Petition to Make Special (TEAS             0.58             202            117.83          389.00       45,837.17
                                        Global).
4....................................  Petition to Make Special                   0.75              22             16.50          389.00        6,418.50
                                        (Paper).
5....................................  Request to Restore Filing Date             0.58               1              0.58          389.00          226.92
                                        (TEAS Global).
5....................................  Request to Restore Filing Date             0.75               5              3.75          389.00        1,458.75
                                        (paper).
6....................................  Request for Reinstatement (TEAS            0.58             262            152.83          389.00       59,452.17
                                        Global).
6....................................  Request for Reinstatement                  0.75              46              34.5          389.00       13,420.50
                                        (paper).
                                                                       ---------------------------------------------------------------------------------
    Total............................  ...............................  ..............           2,988          2,749.67  ..............    1,069,620.33
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[[Page 14970]]

    Estimated Total Annual Cost Burden (Non-Hourly): $22,660.19. This 
collection has no capital startup, maintenance, or operating fees. This 
collection does have postage and filing fees.

Postage Costs

    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 vast majority--approximately 
98%--of the paper forms are submitted to the USPTO via first-class 
mail, while the rest are submitted by hand delivery. Out of 541 paper 
forms, the USPTO estimates that 531 forms will be mailed, 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 $260.19.

Filing Fees

    The only item in this information collection with a filing fee is 
the Petition to Make Special, with a filing fee of $100. The total 
estimated filing fee cost for this collection is $22,400.

----------------------------------------------------------------------------------------------------------------
                                Information collection                                           Total non-hour
            IC No.                    instrument           Responses (yr)     Filing fee ($)    cost burden (yr)
                                                                       (a)                (b)    (a) x (b) = (c)
----------------------------------------------------------------------------------------------------------------
4............................  Petition to Make Special                202            $100.00         $20,200.00
                                (TEAS Global).
4............................  Petition to Make Special                 22             100.00           2,200.00
                                (Paper).
                                                        --------------------------------------------------------
    Total....................  ........................                224  .................          22,400.00
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    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of postage costs ($260.19) 
and filing fees ($22,400.00), is $22,660.19 per year.

IV. Request for Comments

    Comments are invited on: (a) 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) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information, 
including the validity of the methodology and assumptions used; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection; they will also become a matter of public record.

    Dated: March 13, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2015-06448 Filed 3-19-15; 8:45 am]
 BILLING CODE 3510-16-P