80 FR 32540 - Submission for OMB Review; Comment Request; “Trademark Petitions”

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

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

Page Range		32540-32541
FR Document		2015-14083

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

[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Notices]
[Pages 32540-32541]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14083]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Submission for OMB Review; Comment Request; ``Trademark 
Petitions''

    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: Trademark Petitions.
    OMB Control Number: 0651-0061.
    Form Number(s):
     N/A.
    Type of Request: Regular.
    Number of Respondents: 2,988 per year.
    Estimated Time per Response: The USPTO estimates that the items in 
this collection have an average response time of 55 minutes (0.92 
hours), and 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.
    Burden Hours: 2,749.67.
    Cost Burden: $22,660.19.
    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 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.
    Affected Public: Individuals and households; Businesses and other 
for-profit organizations; Not-for-profit institutions.

[[Page 32541]]

    Frequency: Annually.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
[email protected].
    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: [email protected]. Include ``0651-
0061 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 [email protected], 
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. 2015-14083 Filed 6-8-15; 8:45 am]
 BILLING CODE 3510-16-P

32540 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices

Estimated Estimated
time for Estimated annual Rate
IC No. Information collection instrument annual
response burden hours ($/hr)
responses
(minutes)

(a) (b) (a) × (b)/60 = (c)

1 ................... Electronic Submissions Under 37 CFR 1.55(j) ............... 120 9,700 19,400 $389.00
1 ................... Submissions Under 37 CFR 1.55(j) ................................ 120 300 600 389.00
2 ................... Electronic Submissions Under 37 CFR 1.78(a)(6) ......... 120 7,760 15,520 389.00
2 ................... Submissions Under 37 CFR 1.78(a)(6) .......................... 120 240 480 389.00
3 ................... Electronic Submissions Under 37 CFR 1.78(d)(6) ......... 120 1,940 3,880 389.00
3 ................... Submissions Under 37 CFR 1.78(d)(6) .......................... 120 60 120 389.00
4 ................... Electronic Identification of Inventorship and Ownership 120 146 292 389.00
of the Subject Matter of Individual Claims under 37
CFR 1.110.
4 ................... Identification of Inventorship and Ownership of the Sub- 120 4 8 389.00
ject Matter of Individual Claims under 37 CFR 1.110.
5 ................... Electronic Rule 1.130, 1.131, and 1.132 Affidavits or 600 29,100 291,000 389.00
Declarations.
5 ................... Rule 1.130, 1.131, and 1.132 Affidavits or Declarations 600 900 9,000 389.00

Total ...... .......................................................................................... ........................ 50,150 340,300 ........................

Estimated Total Annual (Non-hour) Comments submitted in response to hours) to complete this information.
Cost Burden: $8,475.50. The USPTO this notice will be summarized or This includes the time to gather the
estimates that the total annualized (non- included in the request for OMB necessary information, create the
hour) cost burden for this collection is approval of this information collection; documents, and submit the completed
due to postage costs of $8,475.50 per they will also become a matter of public request to the USPTO.
year. Customers may incur postage costs record. Burden Hours: 2,749.67.
when submitting some of the items Cost Burden: $22,660.19.
Dated: June 1, 2015.
covered by this collection to the USPTO Needs and Uses: The United States
Marcie Lovett, Patent and Trademark Office (USPTO)
by mail. The USPTO expects that
Records Management Division Director, administers the Trademark Act, 15
approximately 97 percent of the USPTO, Office of the Chief Information
responses in this collection will be U.S.C. 1051 et seq., which provides for
Officer.
submitted electronically. Of the the registration of trademarks, service
[FR Doc. 2015–14093 Filed 6–8–15; 8:45 am]
remaining 3 percent, the vast majority— marks, collective trademarks and
BILLING CODE 3510–16–P collective service marks, collective
98 percent—will be submitted by mail,
for a total of 1,474 mailed submissions. membership marks, and certification
The average first class USPS postage marks. Individuals and businesses that
DEPARTMENT OF COMMERCE use or intend to use such marks in
cost for these items is estimated at
$5.75; the cost of a one pound mailed United States Patent and Trademark commerce may file an application to
submission in a flat rate envelope. Office register their marks with the USPTO.
Therefore, the USPTO estimates that the Individuals and businesses may also
postage costs for the mailed submissions Submission for OMB Review; submit various communications to the
in this collection will total $8,475.50. Comment Request; ‘‘Trademark USPTO, including letters of protest,
Petitions’’ requests to make special, responses to
IV. Request for Comments petition inquiry letters, petitions to
Comments are invited on: The United States Patent and make special, requests to restore a filing
Trademark Office (USPTO) will submit date, and requests for reinstatement.
(a) Whether the proposed collection of
to the Office of Management and Budget The USPTO uses the information
information is necessary for the proper
(OMB) for clearance the following described in this collection to process
performance of the functions of the
proposal for collection of information letters of protest, requests to make
agency, including whether the
under the provisions of the Paperwork special, responses to petition inquiry
information shall have practical utility;
Reduction Act (44 U.S.C. chapter 35). letters, petitions to make special,
(b) the accuracy of the agency’s requests to restore filing date, and
Agency: United States Patent and
estimate of the burden (including hours requests for reinstatement. The
Trademark Office, Commerce.
and cost) of the proposed collection of information is used by the public for a
Title: Trademark Petitions.
information, including the validity of variety of private business purposes
OMB Control Number: 0651–0061.
the methodology and assumptions used; Form Number(s): related to establishing and enforcing
(c) ways to enhance the quality, • N/A. trademark rights. Information relating to
utility, and clarity of the information to Type of Request: Regular. the registration of a trademark is made
be collected; and Number of Respondents: 2,988 per publicly available by the USPTO. The
tkelley on DSK3SPTVN1PROD with NOTICES

(d) ways to minimize the burden of year. release of information in a letter of
the collection of information on Estimated Time per Response: The protest is controlled and may be
respondents, including through the use USPTO estimates that the items in this available upon request only.
of automated collection techniques or collection have an average response Affected Public: Individuals and
other forms of information technology, time of 55 minutes (0.92 hours), and households; Businesses and other for-
e.g., permitting electronic submission of that it will take approximately 35 profit organizations; Not-for-profit
responses. minutes (0.58 hours) to 75 minutes (1.25 institutions.

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Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices 32541

Frequency: Annually. • Email: InformationCollection@ associated fees and documentation are
Respondent’s Obligation: Required to uspto.gov. Include ‘‘0651–0069 submitted to the USPTO.
obtain or retain benefits. comment’’ in the subject line of the
OMB Desk Officer: Nicholas A. Fraser, II. Method of Collection
message.
email: Nicholas_A._Fraser@ • Federal Rulemaking Portal: http:// Electronically if applicants submit the
omb.eop.gov. www.regulations.gov. information using the Patent Review
Once submitted, the request will be • Mail: Marcie Lovett, Records Processing System (PRPS). Applicants
publicly available in electronic format Management Division Director, Office of may be able to submit the information
through reginfo.gov. Follow the the Chief Information Officer, United via email if PRPS is unavailable, or by
instructions to view Department of States Patent and Trademark Office, Priority Mail Express® if both PRPS and
Commerce collections currently under P.O. Box 1450, Alexandria, VA 22313– the Board’s email address are
review by OMB. 1450. unavailable.
Further information can be obtained
by: FOR FURTHER INFORMATION CONTACT: III. Data
• Email: InformationCollection@ Requests for additional information
uspto.gov. Include ‘‘0651–0061 copy should be directed to Susan Mitchell, OMB Number: 0651–0069.
request’’ in the subject line of the Lead Administrative Patent Judge, IC Instruments and Forms: The
message. Patent Trial and Appeal Board, United individual instruments in this
• Mail: Marcie Lovett, Records States Patent and Trademark Office collection, as well as their associated
Management Division Director, Office of (USPTO), P.O. Box 1450, Alexandria, forms, are listed in the table below.
the Chief Information Officer, United VA 22313– 1450; by telephone at 571– Type of Review: Revision of a
States Patent and Trademark Office, 272–8715; or by email at Previously Existing Information
P.O. Box 1450, Alexandria, VA 22313– susan.mitchell@uspto.gov with ‘‘0651– Collection
1450. 0069 comment’’ in the subject line. Affected Public: Businesses or other
Written comments and Additional information about this for-profit organizations; individuals or
recommendations for the proposed collection is also available at http:// households; not-for-profit institutions;
information collection should be sent on www.reginfo.gov under ‘‘Information Federal Government; and state, local, or
or before July 9, 2015 to Nicholas A. Collection Review.’’ tribal governments.
Fraser, OMB Desk Officer, via email to SUPPLEMENTARY INFORMATION:
Nicholas_A._Fraser@omb.eop.gov, or by Estimated Number of Respondents:
fax to 202–395–5167, marked to the I. Abstract The USPTO estimates that this
attention of Nicholas A. Fraser. collection will generate approximately
The USPTO is required by 35 U.S.C. 11,349 responses per year. Of this total,
Dated: June 1, 2015. 131 and 151 to examine applications the USPTO expects that 11,274
Marcie Lovett, and, when appropriate, issue responses will be submitted through an
Records Management Division Director, applications as patents. The Leahy- electronic portal such as PRPS and 75
USPTO, Office of the Chief Information Smith America Invents Act, which was will be submitted on paper.
Officer. enacted into law on September 16, 2011,
Estimated Time per Response: The
[FR Doc. 2015–14083 Filed 6–8–15; 8:45 am] provided for many changes to the
USPTO estimates that it will take the
BILLING CODE 3510–16–P procedures of the Patent Trial and
public an average of 128.6 hours to
Appeal Board (‘‘PTAB’’ or ‘‘Board’’,
complete an individual form in this
formerly the Board of Patent Appeals
collection, with estimated response
DEPARTMENT OF COMMERCE and Interference) procedures. See Public
times for individual forms ranging
Law 112–29, 125 Stat. 284 (2011). These
Patent and Trademark Office between approximately 6 minutes and
changes included the introduction of
approximately 165 hours and 18
inter partes review, post-grant review,
Patent Review and Derivation minutes (0.10 hours to 165.3 hours) to
derivation proceedings, and the
Proceedings complete, depending on the situation
transitional program for covered
and collection tool used.
ACTION: Proposed collection; comment business method patents. In 2012, six
rulemaking actions were taken to The time per response, estimated
request. annual responses, and estimated annual
propose and implement new rules of
SUMMARY: The United States Patent and practice for the multiple reviews and hour burden associated with each
Trademark Office (USPTO), as part of its proceedings impacted by the items instrument in this information
continuing effort to reduce paperwork contained within this information collection is shown in the table below.
and respondent burden, invites the collection. Estimated Total Annual Respondent
general public and other Federal This renewal seeks to enable the Burden Hours: 1,459,184 hours.
agencies to comment on proposed and/ continuation of the review and Estimated Total Annual Respondent
or continuing information collections, proceeding processes outlined in the (Hourly) Cost Burden: $567,622,576.
as required by the Paperwork Reduction information collection below. The The USPTO expects that attorneys will
Act of 1995, Public Law 104–13 (44 public will use this information complete the instruments associated
U.S.C. 3506(c)(2)(A)). collection to petition the Board to with this information collection. The
DATES: Written comments must be initiate inter partes reviews, post-grant professional hourly rate for an attorney
submitted on or before August 10, 2015. reviews, covered business method is $389. Using this hourly rate, the
tkelley on DSK3SPTVN1PROD with NOTICES

ADDRESSES: Written comments may be patent reviews, and derivation USPTO estimates $567,622,576 per year
submitted by any of the following proceedings, as well as initiate other for the total hourly costs associated with
methods: actions, and to ensure that the respondents.

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Document Created: 2015-12-15 15:25:53
Document Modified: 2015-12-15 15:25:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 32540

80 FR 32540 - Submission for OMB Review; Comment Request; “Trademark Petitions”

DEPARTMENT OF COMMERCEUnited States Patent and Trademark Office

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

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office