80 FR 52455 - Madrid Protocol
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 80, Issue 168 (August 31, 2015)
Patent and Trademark Office
Federal Register Volume 80, Issue 168 (August 31, 2015)
| Page Range | 52455-52458 | |
| FR Document | 2015-21512 |
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)] [Notices] [Pages 52455-52458] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21512] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Madrid Protocol 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 [[Page 52456]] general public and other Federal agencies to comment on the extension of a 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 October 30, 2015. ADDRESSES: Written comments may be submitted by any of the following methods:Email: [email protected]. Include ``0651- 0051 comment'' in the subject line of the message. Federal Rulemaking Portal: http://www.regulations.gov. 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. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Catherine Cain, Attorney Advisor, Office of the Commissioner for Trademarks, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8946; or by email at [email protected] with ``0651-0051 comment'' 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 This collection of information is required by the Trademark Act of 1946, 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 the marks with the United States Patent and Trademark Office (USPTO). The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (``Madrid Protocol'') is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application. The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, administers the international registration system. The Madrid Protocol Implementation Act of 2002 amended the Trademark Act to provide that: (1) The owner of a U.S. application or registration may seek protection of its mark in any of the participating countries by submitting a single international application to the IB through the USPTO and (2) the holder of an international registration may request an extension of protection of the international registration to the United States. The Madrid Protocol became effective in the United States on November 2, 2003, and is implemented under 15 U.S.C. 1141 et seq. and 37 CFR part 2 and Part 7. An international application submitted through the USPTO must be based on an active U.S. application or registration and must be filed by the owner of the application or registration. The USPTO reviews the international application to certify that it corresponds to the data contained in the existing U.S. application or registration before forwarding the international application to the IB. The IB then reviews the international application to determine whether the Madrid filing requirements have been met and the required fees have been paid. If the international application is unacceptable, the IB will send a notice of irregularity to the USPTO and the applicant. The applicant must respond to the irregularities to avoid abandonment, unless a response from the USPTO is required. After any irregularities are corrected and the application is accepted, the IB registers the mark, publishes the registration in the WIPO Gazette of International Marks, and sends a certificate to the holder. When the mark is registered, the IB notifies each country designated in the application of the request for extension of protection. Each designated country then examines the request under its own laws. Once an international registration has been issued, the holder may also file subsequent designations to request an extension of protection to additional countries. Under Section 71 of the Trademark Act, 15 U.S.C. 1141(k), a registered extension of protection to the United States will be cancelled unless the holder of the international registration periodically files affidavits of continued use in commerce or excusable nonuse. The first affidavit must be filed on or between the fifth- and sixth-year anniversaries of the date on which the USPTO registers an extension of protection. This collection includes the information necessary for the USPTO to process applications for international registration and related requests under the Madrid Protocol. The USPTO provides electronic forms for filing the items in this information collection online (except for the Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration) using the Trademark Electronic Application System (TEAS), which is available through the USPTO Web site. Applicants may also submit the items in this collection on paper or by using the forms provided by the IB, which are available on the WIPO Web site. The IB requires Applications for International Registration and Applications for Subsequent Designation that are filed on paper to be submitted on the official IB forms. II. Method of Collection Electronically if applicants submit the information using the TEAS forms. By mail or hand delivery if applicants choose to submit the information in paper form. III. Data OMB Number: 0651-0051. IC Instruments: The individual instruments in this collection, as well as their associated forms, are listed in the table below. Type of Review: Revision of a Previously Existing Information Collection. Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions. Estimated Number of Respondents: 16,557 responses per year. Of this total, the USPTO expects that 16,474 responses will be submitted electronically via the TEAS system and 83 will be submitted on paper. Estimated Time per Response: The USPTO estimates that it will take the public approximately 17 minutes to one hour and 15 minutes (0.28 to 1.25 hours) to complete the information in this collection, including the time to gather the necessary information, prepare the forms or documents, and submit the completed request to the USPTO. Estimated Total Annual Respondent Burden Hours: 4,918.45 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $1,913,277.05. The USPTO expects that an attorney will complete the instruments associated with this information collection. The professional hourly rate for an attorney is $389. When this hourly rate is applied to the 4,918.45 burden hours projected annually for this collection, the USPTO estimates $1,913,277.05 per year for the total hourly costs associated with respondents. [[Page 52457]] The time per response, estimated annual responses, and estimated annual hour burden associated with each instrument in this information collection is shown in the table below. ---------------------------------------------------------------------------------------------------------------- Estimated Information Estimated time Estimated annual burden IC No. collection for response annual hours (a) x Rate ($/hr) instrument (minutes) (a) responses (b) (b)/ 60 = (c) ---------------------------------------------------------------------------------------------------------------- 1............................. Application for 17 8,010 2,269.50 389 International Registration (PTO-2131 TEAS). 1............................. Application for 32 33 17.60 389 International Registration (paper, no form). 2............................. Application for 17 1,236 350.20 389 Subsequent Designation (PTO-2132 TEAS). 2............................. Application for 22 2 0.73 389 Subsequent Designation (paper, no form). 3............................. Response to 18 1,390 417.00 389 Notice of Irregularity (PTO-2133 TEAS). 3............................. Response to 33 1 0.55 389 Notice of Irregularity (paper, no form). 4............................. Replacement 30 20 10.00 389 Request (TEAS Global Form). 4............................. Replacement 45 1 0.75 389 Request (paper, no form). 5............................. Request to 30 5 2.50 389 Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper, no form). 6............................. Transformation 18 3 0.90 389 Request (TEAS Global form). 6............................. Transformation 33 1 0.55 389 Request (paper, no form). 6............................. Transformation 20 30 10.00 389 Request (TEAS RF Global form). 7............................. Petition to 60 100 100.00 389 Director to Review Denial of Certification of International Application (TEAS Global form). 7............................. Petition to 75 20 25.00 389 Director to Review Denial of Certification of International Application (paper, no form). 8............................. Declaration of 18 3,411 1023.30 389 Continued Use/ Excusable Nonuse of Mark in Commerce Under Section 71 (PTO-1663 TEAS). 8............................. Declaration of 23 10 3.83 389 Continued Use/ Excusable Nonuse of Mark in Commerce Under Section 71 (paper, no form). 9............................. Combined 18 2,274 682.20 389 Declaration of Continued Use/ Excusable Nonuse and Incontestabilit y Under Sections 71 and 15 (PTO-1683 TEAS). Combined 23 10 3.83 389 Declaration of Continued Use/ Excusable Nonuse and Incontestabilit y Under Sections 71 and 15 (paper, no form). --------------------------------------------------------------- Total..................... ................ .............. 16,557 4,918.45 .............. ---------------------------------------------------------------------------------------------------------------- Estimated Total Annual (Non-hour) Respondent Cost Burden: $2,175,480.36. This collection has annual (non-hour) costs in the form of postage costs and filing fees. Postage Costs Customers may incur postage costs when submitting some of the items covered by this collection to the USPTO by mail. The USPTO expects that approximately 99 percent of the responses in this collection will be submitted electronically. Of the remaining 1 percent, the vast majority--98 percent--will be submitted by mail, for a total of 82 mailed submissions. The average first-class USPS postage cost for a mailed submission will be 98 cents. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $80.36. Filing Fees The USPTO charges fees for processing international applications and related requests under the Madrid Protocol as set forth in 37 CFR 2.6 and 37 CFR 7.6. Most of these fees are charged per class of goods or services; therefore, the total fees can vary depending on the number of classes. Based on the minimum fee of one class per relevant document, the USPTO estimates that the total filing fees in the form of USPTO processing fees associated with this collection will be approximately $2,175,400 per year, as calculated in the accompanying table. ---------------------------------------------------------------------------------------------------------------- Estimated annual IC No. Item Estimated annual Fee amount (b) filing costs (a) responses (a) x (b) = (c) ---------------------------------------------------------------------------------------------------------------- 1................................ Application for 4,110 $100.00 $411,000.00 International Registration (for certifying an international application based on a single basic application or registration, per international class) (PTO-2131 TEAS). 1................................ Application for 17 100.00 1,700.00 International Registration (for certifying an international application based on a single basic application or registration, per international class) (paper, no form). [[Page 52458]] 1................................ Application for 3,900 150.00 585,000.00 International Registration (for certifying an international application based on more than one basic application or registration, per international class) (PTO-2131 TEAS). 1................................ Application for 16 150.00 2,400.00 International Registration (for certifying an international application based on more than one basic application or registration, per international class) (paper, no form). 2................................ Application for 1,236 100.00 123,600.00 Subsequent Designation (PTO- 2132 TEAS). 2................................ Application for 2 100.00 200.00 Subsequent Designation (paper, no form). 3................................ Response to Notice 1,390 0.00 0.00 of Irregularity (PTO-2133 TEAS). 3................................ Response to Notice 1 0.00 0.00 of Irregularity (paper, no form). 4................................ Replacement Request 20 100.00 2,000.00 (per international class) (TEAS Global form). 4................................ Replacement Request 1 100.00 100.00 (per international class) (paper, no form). 5................................ Request to Record an 5 100.00 500.00 Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper, no form). 6................................ Transformation 3 325.00 975.00 Request (per international class) (TEAS Global form). 6................................ Transformation 1 375.00 375.00 Request (per international class) (paper, no form). 6................................ Transformation 30 275.00 8,250.00 Request (per international class) (TEAS RF Global form). 7................................ Petition to Director 100 100.00 10,000.00 to Review Denial of Certification of International Application (TEAS Global form). 7................................ Petition to Director 20 100.00 2,000.00 to Review Denial of Certification of International Application (paper, no form). 8................................ Declaration of 3,411 100.00 341,100.00 Continued Use/ Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (PTO-1553 TEAS). 8................................ Declaration of 10 100.00 1,000.00 Continued Use/ Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (paper, no form). 9................................ Combined Declaration 2,274 300.00 682,200.00 of Continued Use/ Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (PTO-1583 TEAS). 9................................ Combined Declaration 10 $300.00 $3,000.00 of Continued Use/ Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (paper, no form). -------------------------------------------------------- Total........................ .................... 16,557 ................. $2,175,400.00 ---------------------------------------------------------------------------------------------------------------- Therefore, the USPTO estimates that the annual (non-hour) cost burden for this collection, in the form of postage costs ($80.36) and filing fees ($2,175,400), will total $2,175,480.36. 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: August 24, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer. [FR Doc. 2015-21512 Filed 8-28-15; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices 52455
information.9 NTIA’s process is meant between vendors and researchers about Place: The meeting will be held in the
to complement these ongoing vulnerability information. The Boardroom in the Booth Auditorium at
developments, as well as existing multistakeholder process will involve the University of California, Berkeley,
standards and practices developed by hearing and understanding the School of Law, Boalt Hall, Bancroft Way
other organizations, by bringing together perspectives of diverse stakeholders, and Piedmont Avenue, Berkeley, CA
all relevant stakeholders to find from a wide range of both vendors and 94720–7200. The location of the
consensus on the overarching goals and researchers, while seeking a consensus meeting is subject to change. Please
principles for successful sharing and that enables collaboration for a more refer to NTIA’s Web site, http://
handling of vulnerability information. secure digital ecosystem. www.ntia.doc.gov/other-publication/
By coming together at this critical The September 29, 2015, meeting is 2015/multistakeholder-process-
juncture, stakeholders can expand intended to bring stakeholders together cybersecurity-vulnerabilities, for the
norms and expectations for the to begin to share the range of views on most current information.
adoption, adaptation, and innovation of how vulnerability information is shared Other Information: The meeting is
practices and standards. by researchers, how it is received and open to the public and the press on a
The goal of this process will be to used by vendors, and to establish more first-come, first-served basis. Space is
develop a broad, shared understanding concrete goals and structure of the limited. To assist the agency in
of the overlapping interests between process. The objectives of this first determining space and webcast
security researchers and the vendors meeting are to: (1) Briefly share different technology requirements, NTIA requests
and owners of products discovered to be perspectives on how vulnerability that interested persons pre-register for
vulnerable, and establish a consensus information is shared, received, and the meeting at http://www.ntia.doc.gov/
about voluntary principles to promote resolved; (2) briefly review perceived other-publication/2015/
better collaboration. The question of challenges in successful collaborations; multistakeholder-process-cybersecurity-
how vulnerabilities can and should be (3) engage stakeholders in a discussion vulnerabilities.
disclosed will be a critical part of the of high-priority substantive issues The meeting is physically accessible
discussion, as will how vendors receive stakeholders believe should be to people with disabilities. Requests for
and respond to this information. addressed; (4) engage stakeholders in a sign language interpretation or other
However, disclosure is only one aspect discussion of logistical issues, including auxiliary aids should be directed to
of successful collaboration. One goal of internal structures such as a small Allan Friedman at (202) 482–4281 or
the overall NTIA process is to promote drafting committee or various working afriedman@ntia.doc.gov at least seven
a digital economy that more strongly groups, and the location and frequency (7) business days prior to each meeting.
emphasizes security and develops of future meetings; and (5) identify The meetings will also be webcast.
community-driven or market-based concrete goals and stakeholder work Requests for real-time captioning of the
forces to better and more rapidly secure following the first meeting. webcast or other auxiliary aids should
the digital ecosystem. The main objective of further be directed to Allan Friedman at (202)
Stakeholders will determine the exact meetings will be to encourage and 482–4281 or afriedman@ntia.doc.gov at
nature of the outcome of this process. facilitate continued discussion among least seven (7) business days prior to
Since it is unlikely that a one-size-fits stakeholders to build consensus around each meeting. There will be an
all solution will be feasible in this the principles guiding successful opportunity for stakeholders viewing
dynamic space, stakeholders will need collaboration. This discussion may the webcast to participate remotely in
to determine how to scope and organize include circulation of stakeholder- the meetings through a moderated
the work through sub-groups or other developed straw-man drafts and conference bridge, including polling
means. Success of the process will be discussion of the appropriate scope of functionality. Access details for the
evaluated by the extent to which the initiative. Stakeholders may also meetings are subject to change.
stakeholders embrace and implement agree on procedural work plans for the Please refer to NTIA’s Web site,
the consensus findings within their group, including additional meetings or http://www.ntia.doc.gov/other-
individual practices or organizations. modified logistics for future meetings. publication/2015/multistakeholder-
Although the stakeholders determine NTIA suggests that stakeholders process-cybersecurity-vulnerabilities, for
the outcome of the process, it is consider setting clear deadlines for a the most current information.
important to note that the process will working draft, and consider a phase for Dated: August 26, 2015.
not result in a regulatory policy or new external review of this draft, before Kathy D. Smith,
law, nor focus on law enforcement or reconvening to take account of external Chief Counsel, National Telecommunications
other non-commercial government use feedback. and Information Administration.
of vulnerability data. More information about stakeholders’ [FR Doc. 2015–21500 Filed 8–28–15; 8:45 am]
Matters To Be Considered: The
work will be available at: http:// BILLING CODE 3510–60–P
September 29, 2015, meeting will be the
www.ntia.doc.gov/other-publication/
first in a series of NTIA-convened
2015/multistakeholder-process-
multistakeholder discussions
cybersecurity-vulnerabilities. DEPARTMENT OF COMMERCE
concerning collaboration on
Time and Date: NTIA will convene
vulnerability disclosure. Subsequent Patent and Trademark Office
the first meeting of the multistakeholder
meetings will follow on a schedule
process to promote collaboration on
determined by those participating in the Madrid Protocol
vulnerability research disclosure on
first meeting. Stakeholders will engage
tkelley on DSK3SPTVN1PROD with NOTICES
September 29, 2015, from 9:00 a.m. to ACTION: Proposed collection; comment
in an open, transparent, consensus-
3:00 p.m., Pacific Time. Please refer to request.
driven process to develop voluntary
NTIA’s Web site, http://
principles guiding the collaboration
www.ntia.doc.gov/other-publication/ SUMMARY: The United States Patent and
9 ISO Standard 29147, Vulnerability Disclosure
2015/multistakeholder-process- Trademark Office (USPTO), as part of its
Overview (2014), available at: http://www.iso.org/ cybersecurity-vulnerabilities, for the continuing effort to reduce paperwork
iso/catalogue_detail.htm?csnumber=45170. most current information. and respondent burden, invites the
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![52458 Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices
Estimated annual Estimated annual
Fee amount
IC No. Item responses filing costs
(b)
(a) (a) × (b) = (c)
1 ...................................... Application for International Registration (for certifying 3,900 150.00 585,000.00
an international application based on more than
one basic application or registration, per inter-
national class) (PTO–2131 TEAS).
1 ...................................... Application for International Registration (for certifying 16 150.00 2,400.00
an international application based on more than
one basic application or registration, per inter-
national class) (paper, no form).
2 ...................................... Application for Subsequent Designation (PTO–2132 1,236 100.00 123,600.00
TEAS).
2 ...................................... Application for Subsequent Designation (paper, no 2 100.00 200.00
form).
3 ...................................... Response to Notice of Irregularity (PTO–2133 TEAS) 1,390 0.00 0.00
3 ...................................... Response to Notice of Irregularity (paper, no form) .... 1 0.00 0.00
4 ...................................... Replacement Request (per international class) (TEAS 20 100.00 2,000.00
Global form).
4 ...................................... Replacement Request (per international class) 1 100.00 100.00
(paper, no form).
5 ...................................... Request to Record an Assignment or Restriction of a 5 100.00 500.00
Holder’s Right to Dispose of an International Reg-
istration (paper, no form).
6 ...................................... Transformation Request (per international class) 3 325.00 975.00
(TEAS Global form).
6 ...................................... Transformation Request (per international class) 1 375.00 375.00
(paper, no form).
6 ...................................... Transformation Request (per international class) 30 275.00 8,250.00
(TEAS RF Global form).
7 ...................................... Petition to Director to Review Denial of Certification of 100 100.00 10,000.00
International Application (TEAS Global form).
7 ...................................... Petition to Director to Review Denial of Certification of 20 100.00 2,000.00
International Application (paper, no form).
8 ...................................... Declaration of Continued Use/Excusable Nonuse of 3,411 100.00 341,100.00
Mark in Commerce Under Section 71 (per inter-
national class) (PTO–1553 TEAS).
8 ...................................... Declaration of Continued Use/Excusable Nonuse of 10 100.00 1,000.00
Mark in Commerce Under Section 71 (per inter-
national class) (paper, no form).
9 ...................................... Combined Declaration of Continued Use/Excusable 2,274 300.00 682,200.00
Nonuse and Incontestability Under Sections 71 and
15 (per international class) (PTO–1583 TEAS).
9 ...................................... Combined Declaration of Continued Use/Excusable 10 $300.00 $3,000.00
Nonuse and Incontestability Under Sections 71 and
15 (per international class) (paper, no form).
Total ......................... ....................................................................................... 16,557 .............................. $2,175,400.00
Therefore, the USPTO estimates that (d) ways to minimize the burden of COMMITTEE FOR PURCHASE FROM
the annual (non-hour) cost burden for the collection of information on PEOPLE WHO ARE BLIND OR
this collection, in the form of postage respondents, including through the use SEVERELY DISABLED
costs ($80.36) and filing fees of automated collection techniques or
($2,175,400), will total $2,175,480.36. other forms of information technology, Procurement List; Addition and
e.g., permitting electronic submission of Deletions
IV. Request for Comments
responses. AGENCY: Committee for Purchase From
Comments are invited on: Comments submitted in response to People Who Are Blind or Severely
(a) Whether the proposed collection of this notice will be summarized or Disabled.
information is necessary for the proper included in the request for OMB ACTION: Addition to and deletions from
performance of the functions of the approval of this information collection; the Procurement List.
agency, including whether the they will also become a matter of public
information shall have practical utility; record. SUMMARY: This action adds a service to
(b) the accuracy of the agency’s the Procurement List that will be
Dated: August 24, 2015. provided by the nonprofit agency
estimate of the burden (including hours
tkelley on DSK3SPTVN1PROD with NOTICES
and cost) of the proposed collection of Marcie Lovett, employing persons who are blind or
information, including the validity of Records Management Division Director, have other severe disabilities, and
the methodology and assumptions used; USPTO, Office of the Chief Information deletes products from the Procurement
(c) ways to enhance the quality,
Officer. List previously furnished by such
utility, and clarity of the information to [FR Doc. 2015–21512 Filed 8–28–15; 8:45 am] agencies.
be collected; and BILLING CODE 3510–16–P DATES: Effective 09/29/2015.
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Document Created: 2018-02-23 11:04:16
Document Modified: 2018-02-23 11:04:16
| 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 | |
| Action | Proposed collection; comment request. | |
| Dates | Written comments must be submitted on or before October 30, 2015. | |
| Contact | Requests for additional information should be directed to Catherine Cain, Attorney Advisor, Office of the Commissioner for Trademarks, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8946; or by email at [email protected] with ``0651-0051 comment'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 80 FR 52455 |
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