80_FR_32648 80 FR 32538 - Submission for OMB Review; Comment Request; “Post Registration (Trademark Processing)”

80 FR 32538 - Submission for OMB Review; Comment Request; “Post Registration (Trademark Processing)”

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 80, Issue 110 (June 9, 2015)

Page Range32538-32539
FR Document2015-14085

Federal Register, Volume 80 Issue 110 (Tuesday, June 9, 2015) 
[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Notices]
[Pages 32538-32539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14085]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Submission for OMB Review; Comment Request; ``Post Registration 
(Trademark Processing)''

    The United States Patent and Trademark Office (USPTO) will submit 
to the Office of Management and Budget (OMB) for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. chapter 35).
    Agency: United States Patent and Trademark Office, Commerce.
    Title: Post Registration (Trademark Processing).
    OMB Control Number: 0651-0055.
    Form Number(s):

 PTO Form 1563
 PTO Form 1573
 PTO Form 1583
 PTO Form 1597
 PTO Form 1963
 PTO Global Form

    Type of Request: Regular.
    Number of Respondents: 185,047 responses per year. Of this total, 
the USPTO expects that 175,846 responses will be submitted through TEAS 
and 9,201 will be submitted on paper.
    Average Hours Per Response: The USPTO estimates that it will take 
approximately 5 minutes (0.08 hours) to 35 minutes (0.58 hours) to 
complete a single item in this collection, depending on the instrument 
used. This includes the time to gather the necessary information, 
create the documents, and submit the completed request to the USPTO.
    Burden Hours: 43,095.72 hours.
    Cost Burden: $54,392,518.33.
    Needs and Uses:
    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 
marks with the USPTO.
    Such individuals and businesses may also submit various 
communications to the USPTO, including requests to amend their 
registrations to delete goods or services that are no longer being used 
by the registrant. Registered marks remain on the register for ten 
years and can be renewed, but will be cancelled unless the owner files 
with the USPTO a declaration attesting to the continued use (or 
excusable non-use) of the mark in commerce, and a renewal application, 
within specific deadlines. Applicants may also request to amend or 
divide a registration, respond to a post-registration Office action, 
and surrender a registration.
    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 used, 
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. Thus, the Federal trademark registration process 
may reduce unnecessary litigation and its accompanying costs and 
burdens.
    Affected Public: Individuals or households; businesses or other 
for-profit institutions, and not-for-profit institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
Nicholas_A._Fraser@omb.eop.gov.
    Once submitted, the request will be publicly available in 
electronic format through reginfo.gov. Follow the instructions to view 
Department of Commerce collections currently under review by OMB.
    Further information can be obtained by:
     Email: InformationCollection@uspto.gov. Include ``0651-
0055 copy request'' 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.
    Written comments and recommendations for the proposed information 
collection should be sent on or before July 9, 2015 to Nicholas A. 
Fraser, OMB Desk Officer, via email to

[[Page 32539]]

Nicholas_A._Fraser@omb.eop.gov, or by fax to 202 395-5167, marked to 
the attention of Nicholas A. Fraser.

    Dated: June 1, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2015-14085 Filed 6-8-15; 8:45 am]
 BILLING CODE 3510-16-P

32538 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices Agency: United States Patent and Dated: June 1, 2015. the USPTO, including requests to Trademark Office, Commerce. Marcie Lovett, amend their registrations to delete goods Title: Third-Party Submissions and Records Management Division Director, or services that are no longer being used Protests. USPTO, Office of the Chief Information by the registrant. Registered marks OMB Control Number: 0651–0062. Officer. remain on the register for ten years and Form Number(s): PTO/SB/429. [FR Doc. 2015–14090 Filed 6–8–15; 8:45 am] can be renewed, but will be cancelled Type of Request: Renewal. BILLING CODE 3510–16–P unless the owner files with the USPTO Number of Respondents: 1,560. a declaration attesting to the continued Average Time per Response: 10 hours. use (or excusable non-use) of the mark Burden Hours: 15,600. DEPARTMENT OF COMMERCE in commerce, and a renewal Cost Burden: $237,619.25. application, within specific deadlines. Needs and Uses: This information Patent and Trademark Office Applicants may also request to amend collection (the information collected via or divide a registration, respond to a third-party submissions under 37 CFR Submission for OMB Review; post-registration Office action, and 1.290 and protests under 37 CFR 1.291) Comment Request; ‘‘Post Registration surrender a registration. is necessary so that the public may (Trademark Processing)’’ The rules implementing the Act are contribute to the quality of issued set forth in 37 CFR part 2. These rules patents. Through the third-party The United States Patent and mandate that each register entry include submissions, members of the public Trademark Office (USPTO) will submit the mark, the goods and/or services in may submit patents, published patent to the Office of Management and Budget connection with which the mark is applications, or other printed (OMB) for clearance the following used, ownership information, dates of publications of potential relevance to proposal for collection of information use, and certain other information. The the examination of an application in under the provisions of the Paperwork USPTO also provides similar accordance with 37 CFR 1.290. Through Reduction Act (44 U.S.C. chapter 35). information concerning pending the protests, members of the public may Agency: United States Patent and applications. The register and pending call attention to any facts that—in the Trademark Office, Commerce. application information may be protestor’s opinion—would make the Title: Post Registration (Trademark accessed by an individual or by grant of a patent improper. The USPTO Processing). businesses to determine the availability will use this information, as OMB Control Number: 0651–0055. Form Number(s): of a mark. By accessing the USPTO’s appropriate, during the patent information, parties may reduce the examination process to assist in • PTO Form 1563 possibility of initiating use of a mark evaluating the patent application and to, • PTO Form 1573 previously adopted by another. Thus, where necessary, avoid the issuance of • PTO Form 1583 the Federal trademark registration an invalid patent. • PTO Form 1597 • PTO Form 1963 process may reduce unnecessary Affected Public: Individuals or litigation and its accompanying costs households; businesses or other for- • PTO Global Form and burdens. profits; and not-for-profit institutions. Type of Request: Regular. Affected Public: Individuals or Frequency: On occasion. Number of Respondents: 185,047 households; businesses or other for- Respondent’s Obligation: Required to responses per year. Of this total, the profit institutions, and not-for-profit Obtain or Retain Benefits. USPTO expects that 175,846 responses institutions. OMB Desk Officer: Nicholas A. Fraser, will be submitted through TEAS and Frequency: On occasion. email: Nicholas_A._Fraser@ 9,201 will be submitted on paper. Respondent’s Obligation: Required to omb.eop.gov. Average Hours Per Response: The Obtain or Retain Benefits. Once submitted, the request will be USPTO estimates that it will take OMB Desk Officer: Nicholas A. Fraser, publicly available in electronic format approximately 5 minutes (0.08 hours) to email: Nicholas_A._Fraser@ through reginfo.gov. Follow the 35 minutes (0.58 hours) to complete a omb.eop.gov. instructions to view Department of single item in this collection, depending Once submitted, the request will be Commerce collections currently under on the instrument used. This includes publicly available in electronic format review by OMB. the time to gather the necessary through reginfo.gov. Follow the Further information can be obtained information, create the documents, and instructions to view Department of by: submit the completed request to the Commerce collections currently under • Email: InformationCollection@ USPTO. review by OMB. uspto.gov. Include ‘‘0651–0062 copy Burden Hours: 43,095.72 hours. Further information can be obtained request’’ in the subject line of the Cost Burden: $54,392,518.33. by: message. Needs and Uses: • Email: InformationCollection@ • Mail: Marcie Lovett, Records The United States Patent and uspto.gov. Include ‘‘0651–0055 copy Management Division Director, Office of Trademark Office (USPTO) administers request’’ in the subject line of the the Chief Information Officer, United the Trademark Act, 15 U.S.C. 1051 et message. States Patent and Trademark Office, seq., which provides for the Federal • Mail: Marcie Lovett, Records P.O. Box 1450, Alexandria, VA 22313– registration of trademarks, service Management Division Director, Office of 1450. marks, collective trademarks and service the Chief Information Officer, United Written comments and marks, collective membership marks, States Patent and Trademark Office, tkelley on DSK3SPTVN1PROD with NOTICES recommendations for the proposed and certification marks. Individuals and P.O. Box 1450, Alexandria, VA 22313– information collection should be sent on businesses that use or intend to use 1450. or before July 9, 2015 to Nicholas A. such marks in commerce may file an Written comments and Fraser, OMB Desk Officer, via email to application to register their marks with recommendations for the proposed Nicholas_A._Fraser@omb.eop.gov, or by the USPTO. information collection should be sent on fax to 202–395–5167, marked to the Such individuals and businesses may or before July 9, 2015 to Nicholas A. attention of Nicholas A. Fraser. also submit various communications to Fraser, OMB Desk Officer, via email to VerDate Sep<11>2014 17:12 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1

Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices 32539 Nicholas_A._Fraser@omb.eop.gov, or by I. Abstract Affected Public: Individuals or fax to 202 395–5167, marked to the The Leahy-Smith America Invents Act households; businesses or other for- attention of Nicholas A. Fraser. (AIA) was enacted into law on profits; and not-for-profit institutions. Dated: June 1, 2015. September 16, 2011. See Public Law Estimated Number of Respondents: Marcie Lovett, 112–29, 125 Stat. 283 (2011). Section 3 The USPTO estimates that it will Records Management Division Director, of the AIA, inter alia, amended 35 receive a total of approximately 50,150 USPTO, Office of the Chief Information U.S.C. 102 and 103 consistent with the responses per year for this collection, of Officer. objectives of the AIA, including the which approximately 12,538 will be [FR Doc. 2015–14085 Filed 6–8–15; 8:45 am] conversion of the United States patent filed by small entities. The USPTO BILLING CODE 3510–16–P system from a ‘‘first to invent’’ system estimates that approximately 48,646 of to a ‘‘first inventor to file’’ system. The the responses for this collection will be changes in section 3 of the AIA went submitted electronically via EFS-Web. DEPARTMENT OF COMMERCE into effect on March 16, 2013, but apply These estimates are based on the only to certain applications filed on or Agency’s long-standing institutional United States Patent and Trademark after March 16, 2013. knowledge of and experience with the Office 37 CFR 1.55(j), 1.78(a)(6) and type of information collected by these 1.78(d)(6) require information needed to items. Matters Related to First Inventor To assist the USPTO in determining File Estimated Time per Response: The whether an application is subject to 35 USPTO estimates that the responses in ACTION: Proposed collection; comment U.S.C. 102 and 103 as amended by the this collection will take the public from request. AIA or 35 U.S.C. 102 and 103 in effect 2 to 10 hours to complete. This includes on March 15, 2013. 37 CFR 1.110 the time to gather the necessary SUMMARY: The United States Patent and requires information needed to identify information, create the document, and Trademark Office (USPTO), as part of its the inventor, and ownership on the submit the completed request to the continuing effort to reduce paperwork effective filing date, of each claimed USPTO. Specifically, the USPTO and respondent burden, invites the invention in an application or patent estimates that: (1) Preparing an affidavit general public and other Federal with more than one named inventor, or declaration under 37 CFR 1.130, agencies to comment on proposed and/ when necessary for purposes of a 1.131, or 1.132 will require, on average, or continuing information collections, USPTO proceeding. 37 CFR 1.130, 10 hours; (2) identifying under 37 CFR as required by the Paperwork Reduction 1.131, and 1.132 provide for the 1.55(j), 1.78(a)(6), or 1.78(d)(6) whether Act of 1995, Public Law 104–13 (44 submission of affidavits or declarations there is any claim or subject matter not U.S.C. 3506(c)(2)(A)). needed (i) to show that a disclosure was disclosed in the prior foreign, DATES: Written comments must be by the inventor or joint inventor, or was provisional, or non-provisional submitted on or before August 10, 2015. by a party who obtained the subject application will require, on average, 2 ADDRESSES: Written comments may be matter from the inventor or a joint hours; and (3) identifying under 37 CFR submitted by any of the following inventor (1.130), (ii) to show that there 1.110 inventorship and ownership of methods: was a prior public disclosure by the the subject matter of claims will require, • Email: InformationCollection@ inventor or a joint inventor, or by a on average, 2 hours. The USPTO uspto.gov. Include ‘‘0651–0071 party who obtained the subject matter calculates that, on balance, it takes the comment’’ in the subject line of the from the inventor or a joint inventor same amount of time to gather the message. (1.130), (iii) to establish prior invention necessary information, create the • Federal Rulemaking Portal: http:// or to disqualify a commonly owned document, and submit it to the USPTO, www.regulations.gov. patent or published application as prior whether the applicant submits the • Mail: Marcie Lovett, Records art (1.131), or (iv) to submit evidence to information in paper form or Management Division Director, Office of traverse a rejection or objection on a electronically. the Chief Information Officer, United basis not otherwise provided for (1.132). These estimates are based on the States Patent and Trademark Office, The USPTO accounts for both Agency’s long-standing institutional P.O. Box 1450, Alexandria, VA 22313– electronic and paper submissions in this knowledge of and experience with the 1450. collection. type of information collected and the FOR FURTHER INFORMATION CONTACT: II. Method of Collection length of time necessary to complete Requests for additional information responses containing similar or like Electronically when using the USPTO should be directed to Raul Tamayo, information. online filing system EFS-Web, or by Senior Legal Advisor, Office of Patent mail, facsimile, or hand delivery. Estimated Total Annual Respondent Legal Administration, United States Burden Hours: 340,300 hours. Patent and Trademark Office, P.O. Box III. Data Estimated Total Annual Respondent 1450, Alexandria, VA 22313–1450; by OMB Number: 0651–0071. (Hourly) Cost Burden: $132,376,700. telephone at 571–272–7728; or by email IC Instruments and Forms: The The USPTO expects that attorneys will to Raul.Tamayo@uspto.gov with ‘‘0651– individual instruments in this complete the instruments associated 0071 comment’’ in the subject line. collection, as well as any associated with this information collection. The Additional information about this forms, are listed in the hourly cost professional hourly rate for attorneys is collection is also available at http:// burden table below. $389. Using this hourly rate, the USPTO tkelley on DSK3SPTVN1PROD with NOTICES www.reginfo.gov under ‘‘Information Type of Review: Revision of a estimates $132,376,700 per year for the Collection Review.’’ Previously Existing Information total hourly costs associated with SUPPLEMENTARY INFORMATION: Collection. respondents. VerDate Sep<11>2014 17:12 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1


Document Created: 2015-12-15 15:25:16
Document Modified: 2015-12-15 15:25:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 32538 
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