80_FR_52623 80 FR 52455 - Madrid Protocol

80 FR 52455 - Madrid Protocol

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 80, Issue 168 (August 31, 2015)

Page Range52455-52458
FR Document2015-21512

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 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)).

Federal Register, Volume 80 Issue 168 (Monday, August 31, 2015) 
[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]


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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: InformationCollection@uspto.gov. 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 Catherine.Cain@uspto.gov 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 VerDate Sep<11>2014 16:19 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

52456 Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices general public and other Federal provide that: (1) The owner of a U.S. items in this information collection agencies to comment on the extension of application or registration may seek online (except for the Request to Record a continuing information collection, as protection of its mark in any of the an Assignment or Restriction of a required by the Paperwork Reduction participating countries by submitting a Holder’s Right to Dispose of an Act of 1995, Public Law 104–13 (44 single international application to the IB International Registration) using the U.S.C. 3506(c)(2)(A)). through the USPTO and (2) the holder Trademark Electronic Application DATES: Written comments must be of an international registration may System (TEAS), which is available submitted on or before October 30, request an extension of protection of the through the USPTO Web site. 2015. international registration to the United Applicants may also submit the items States. The Madrid Protocol became in this collection on paper or by using ADDRESSES: Written comments may be effective in the United States on the forms provided by the IB, which are submitted by any of the following November 2, 2003, and is implemented methods: available on the WIPO Web site. The IB under 15 U.S.C. 1141 et seq. and 37 CFR requires Applications for International • Email: InformationCollection@ part 2 and Part 7. Registration and Applications for uspto.gov. Include ‘‘0651–0051 An international application comment’’ in the subject line of the Subsequent Designation that are filed on submitted through the USPTO must be paper to be submitted on the official IB message. based on an active U.S. application or • Federal Rulemaking Portal: http:// forms. registration and must be filed by the www.regulations.gov. II. Method of Collection owner of the application or registration. • Mail: Marcie Lovett, Records The USPTO reviews the international Electronically if applicants submit the Management Division Director, Office of application to certify that it corresponds information using the TEAS forms. By the Chief Information Officer, United to the data contained in the existing mail or hand delivery if applicants States Patent and Trademark Office, U.S. application or registration before choose to submit the information in P.O. Box 1450, Alexandria, VA 22313– forwarding the international application paper form. 1450. to the IB. The IB then reviews the FOR FURTHER INFORMATION CONTACT: international application to determine III. Data Requests for additional information whether the Madrid filing requirements should be directed to Catherine Cain, OMB Number: 0651–0051. have been met and the required fees IC Instruments: The individual Attorney Advisor, Office of the have been paid. If the international Commissioner for Trademarks, United instruments in this collection, as well as application is unacceptable, the IB will their associated forms, are listed in the States Patent and Trademark Office, send a notice of irregularity to the P.O. Box 1450, Alexandria, VA 22313– table below. USPTO and the applicant. The Type of Review: Revision of a 1450; by telephone at 571–272–8946; or applicant must respond to the by email at Catherine.Cain@uspto.gov Previously Existing Information irregularities to avoid abandonment, Collection. with ‘‘0651–0051 comment’’ in the unless a response from the USPTO is subject line. Additional information Affected Public: Individuals or required. After any irregularities are about this collection is also available at households; businesses or other for- corrected and the application is http://www.reginfo.gov under profits; and not-for-profit institutions. accepted, the IB registers the mark, ‘‘Information Collection Review.’’ Estimated Number of Respondents: publishes the registration in the WIPO SUPPLEMENTARY INFORMATION: 16,557 responses per year. Of this total, Gazette of International Marks, and the USPTO expects that 16,474 I. Abstract sends a certificate to the holder. When the mark is registered, the IB responses will be submitted This collection of information is notifies each country designated in the electronically via the TEAS system and required by the Trademark Act of 1946, application of the request for extension 83 will be submitted on paper. 15 U.S.C. 1051 et seq., which provides of protection. Each designated country Estimated Time per Response: The for the Federal registration of then examines the request under its own USPTO estimates that it will take the trademarks, service marks, collective laws. Once an international registration public approximately 17 minutes to one trademarks and service marks, collective has been issued, the holder may also file hour and 15 minutes (0.28 to 1.25 membership marks, and certification subsequent designations to request an hours) to complete the information in marks. Individuals and businesses that extension of protection to additional this collection, including the time to use or intend to use such marks in countries. gather the necessary information, commerce may file an application to Under Section 71 of the Trademark prepare the forms or documents, and register the marks with the United Act, 15 U.S.C. 1141(k), a registered submit the completed request to the States Patent and Trademark Office extension of protection to the United USPTO. (USPTO). States will be cancelled unless the Estimated Total Annual Respondent The Protocol Relating to the Madrid holder of the international registration Burden Hours: 4,918.45 hours. Agreement Concerning the International periodically files affidavits of continued Estimated Total Annual Respondent Registration of Marks (‘‘Madrid use in commerce or excusable nonuse. (Hourly) Cost Burden: $1,913,277.05. Protocol’’) is an international treaty that The first affidavit must be filed on or The USPTO expects that an attorney allows a trademark owner to seek between the fifth- and sixth-year will complete the instruments registration in any of the participating anniversaries of the date on which the associated with this information countries by filing a single international USPTO registers an extension of collection. The professional hourly rate tkelley on DSK3SPTVN1PROD with NOTICES application. The International Bureau protection. for an attorney is $389. When this (IB) of the World Intellectual Property This collection includes the hourly rate is applied to the 4,918.45 Organization (WIPO) in Geneva, information necessary for the USPTO to burden hours projected annually for this Switzerland, administers the process applications for international collection, the USPTO estimates international registration system. The registration and related requests under $1,913,277.05 per year for the total Madrid Protocol Implementation Act of the Madrid Protocol. The USPTO hourly costs associated with 2002 amended the Trademark Act to provides electronic forms for filing the respondents. VerDate Sep<11>2014 16:19 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices 52457 The time per response, estimated instrument in this information annual responses, and estimated annual collection is shown in the table below. hour burden associated with each Estimated Estimated time Estimated annual burden for response annual Rate IC No. Information collection instrument hours (minutes) responses ($/hr) (a) × (b)/ (a) (b) 60 = (c) 1 ........................... Application for International Registration (PTO–2131 17 8,010 2,269.50 389 TEAS). 1 ........................... Application for International Registration (paper, no 32 33 17.60 389 form). 2 ........................... Application for Subsequent Designation (PTO–2132 17 1,236 350.20 389 TEAS). 2 ........................... Application for Subsequent Designation (paper, no 22 2 0.73 389 form). 3 ........................... Response to Notice of Irregularity (PTO–2133 TEAS) 18 1,390 417.00 389 3 ........................... Response to Notice of Irregularity (paper, no form) ..... 33 1 0.55 389 4 ........................... Replacement Request (TEAS Global Form) ................. 30 20 10.00 389 4 ........................... Replacement Request (paper, no form) ........................ 45 1 0.75 389 5 ........................... Request to Record an Assignment or Restriction of a 30 5 2.50 389 Holder’s Right to Dispose of an International Reg- istration (paper, no form). 6 ........................... Transformation Request (TEAS Global form) ............... 18 3 0.90 389 6 ........................... Transformation Request (paper, no form) ..................... 33 1 0.55 389 6 ........................... Transformation Request (TEAS RF Global form) ......... 20 30 10.00 389 7 ........................... Petition to Director to Review Denial of Certification of 60 100 100.00 389 International Application (TEAS Global form). 7 ........................... Petition to Director to Review Denial of Certification of 75 20 25.00 389 International Application (paper, no form). 8 ........................... Declaration of Continued Use/Excusable Nonuse of 18 3,411 1023.30 389 Mark in Commerce Under Section 71 (PTO–1663 TEAS). 8 ........................... Declaration of Continued Use/Excusable Nonuse of 23 10 3.83 389 Mark in Commerce Under Section 71 (paper, no form). 9 ........................... Combined Declaration of Continued Use/Excusable 18 2,274 682.20 389 Nonuse and Incontestability Under Sections 71 and 15 (PTO–1683 TEAS). .............................. Combined Declaration of Continued Use/Excusable 23 10 3.83 389 Nonuse and Incontestability Under Sections 71 and 15 (paper, no form). Total .............. ........................................................................................ ........................ 16,557 4,918.45 ........................ Estimated Total Annual (Non-hour) submitted electronically. Of the and related requests under the Madrid Respondent Cost Burden: $2,175,480.36. remaining 1 percent, the vast majority— Protocol as set forth in 37 CFR 2.6 and This collection has annual (non-hour) 98 percent—will be submitted by mail, 37 CFR 7.6. Most of these fees are costs in the form of postage costs and for a total of 82 mailed submissions. The charged per class of goods or services; filing fees. average first-class USPS postage cost for therefore, the total fees can vary a mailed submission will be 98 cents. depending on the number of classes. Postage Costs Therefore, the USPTO estimates that the Based on the minimum fee of one class Customers may incur postage costs postage costs for the mailed submissions per relevant document, the USPTO when submitting some of the items in this collection will total $80.36. estimates that the total filing fees in the covered by this collection to the USPTO form of USPTO processing fees Filing Fees by mail. The USPTO expects that associated with this collection will be approximately 99 percent of the The USPTO charges fees for approximately $2,175,400 per year, as responses in this collection will be processing international applications calculated in the accompanying table. Estimated annual Estimated annual Fee amount IC No. Item responses filing costs (b) (a) (a) × (b) = (c) 1 ...................................... Application for International Registration (for certifying 4,110 $100.00 $411,000.00 tkelley on DSK3SPTVN1PROD with NOTICES an international application based on a single basic application or registration, per international class) (PTO–2131 TEAS). 1 ...................................... Application for International Registration (for certifying 17 100.00 1,700.00 an international application based on a single basic application or registration, per international class) (paper, no form). VerDate Sep<11>2014 16:19 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1

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. VerDate Sep<11>2014 16:19 Aug 28, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\31AUN1.SGM 31AUN1


Document Created: 2018-02-23 11:04:16
Document Modified: 2018-02-23 11:04:16
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
ActionProposed collection; comment request.
DatesWritten comments must be submitted on or before October 30, 2015.
ContactRequests 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 Citation80 FR 52455 
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