81 FR 87550 - Native American Tribal Insignia Database
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 81, Issue 233 (December 5, 2016)
Patent and Trademark Office
Federal Register Volume 81, Issue 233 (December 5, 2016)
| Page Range | 87550-87551 | |
| FR Document | 2016-29095 |
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Notices] [Pages 87550-87551] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29095] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Native American Tribal Insignia Database ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, (44 U.S.C. 3506(c)(2)(A), is proposing an extension of an existing information collection; the Native American Tribal Insignia Database. DATES: Written comments must be submitted on or before February 3, 2017. ADDRESSES: You may submit comments by any of the following methods:Email: [email protected]. Include ``0651- 0048 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 Deputy Commissioner for Trademark Examination Policy, United States Patent and Trademark Office, P.O. Box 1451, Alexandria, VA 22313-1451; by telephone at 571-272-8946; or by email to [email protected]. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' SUPPLEMENTARY INFORMATION: I. Abstract The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105- 330, 302, 112 Stat. 3071) required the United States Patent and Trademark Office (USPTO) to study issues surrounding the protection of the official insignia of federally and state-recognized Native American tribes under trademark law. The USPTO conducted the study and presented a report to the House and Senate Judiciary Committees on November 30, 1999. One of the recommendations made in the report was that the USPTO create and maintain an accurate and comprehensive database containing the official insignia of all federally and state-recognized Native American tribes. In accordance with this recommendation, the Senate Committee on Appropriations directed the USPTO to create this database. The USPTO database of official tribal insignias provides evidence of what a federally or state-recognized Native American tribe considers to be its official insignia. The database thereby assists trademark examining attorneys in their examination of applications for trademark registration by serving as a reference for determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The database is also available to the public on the USPTO Web site at http://www.uspto.gov. Tribes are not required to request that their official insignia be included in the database. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of an official tribal insignia in the database does not create any legal presumption of validity or priority, does not carry any of the benefits of federal trademark registration, and is not a determination as to whether a particular insignia would be refused registration as a trademark pursuant to 15 U.S.C. 1051 et seq. Requests from federally recognized tribes to enter an official insignia into the database must be submitted in writing and include: (1) A depiction of the insignia, including the name of the tribe and the address for correspondence; (2) a copy of the tribal resolution adopting the insignia in question as the official insignia of the tribe; and (3) a statement, signed by an official with authority to bind the tribe, confirming that the insignia included with the request is identical to the official insignia adopted by the tribal resolution. Requests from state-recognized tribes must also be in writing and include each of the three items described above that are submitted by federally recognized tribes. Additionally, requests from state- recognized tribes must include either: (a) A document issued by a state official that evidences the state's determination that the entity is a Native American tribe; or (b) a citation to a state statute designating the entity as a Native American tribe. The USPTO enters insignia that have been properly submitted by federally or state-recognized Native American tribes into the database and does not investigate whether the insignia is actually the official insignia of the tribe making the request. This collection includes the information needed by the USPTO to enter an official insignia for a federally or state-recognized Native American tribe into a database of such insignia. No forms are associated with this collection. II. Method of Collection By mail, facsimile, or hand delivery to the USPTO. III. Data OMB Number: 0651-0048. Form Number(s): None. Type of Review: Extension of a currently approved collection. Affected Public: Tribal governments. Estimated Number of Respondents: 4 responses per year. Estimated Time per Response: The USPTO estimates that a federally or state-recognized Native American tribe will require an average of 45 minutes (0.75 hours) to complete a request to record an official insignia, including time to prepare the appropriate documents and submit the completed request to the USPTO. Estimated Total Annual Respondent Burden Hours: 3 hours. Estimated Total Annual Respondent Cost Burden: $256.50. The USPTO expects that the information in this collection will be prepared by both paraprofessionals and administrative staff. The estimated rate of $85.50 per hour used in this submission is an average of the paraprofessional rate of $141 per hour and the administrative rate of $30 per hour. Therefore, the USPTO estimates that the respondent cost burden for this collection will be approximately $256.50 per year. [[Page 87551]] -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated time Estimated IC # Item for response annual Estimated annual Rate ($/hr) (minutes) responses burden hours (a) (b) (a) x (b)/60 = .............. (c) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1............................................. Request to Record an Official 45 3 2.25 $85.50 Insignia of a Federally Recognized Tribe. 2............................................. Request to Record an Official 45 1 0.75 85.50 Insignia of a State-Recognized Tribe. ------------------------------------------------------------------ Totals............................... .............. 4 3 .............. -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual Non-Hour Respondent Cost Burden: $4.80. There are no capital start-up, maintenance, or recordkeeping costs associated with this information collection. There are also no filing fees for submitting a tribal insignia for recording. However, this collection does have annual (non-hour) cost burden in the form of postage costs. Customers may incur postage costs when submitting the information in this collection to the USPTO by mail. The USPTO estimates that the average first-class postage cost for a submission mailed through the U.S. Postal Service will be $1.20 (based on a large 9'' by 12'' envelope weighing 2 ounces) and that 4 submissions will be mailed to the USPTO per year. Therefore, the total annual (non-hour) respondent cost burden for this collection is estimated to be approximately $4.80 per year. IV. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. The USPTO is soliciting public comments to: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Dated: November 30, 2016. Marcie Lovett, Records Management Division Director, OCIO, United States Patent and Trademark Office. [FR Doc. 2016-29095 Filed 12-2-16; 8:45 am] BILLING CODE 3510-16-P
![87550 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices
Dated: November 30, 2016. official insignia of federally and state- Requests from state-recognized tribes
Angela Somma, recognized Native American tribes must also be in writing and include
Chief, Endangered Species Division, Office under trademark law. The USPTO each of the three items described above
of Protected Resources, National Marine conducted the study and presented a that are submitted by federally
Fisheries Service. report to the House and Senate Judiciary recognized tribes. Additionally, requests
[FR Doc. 2016–29068 Filed 12–2–16; 8:45 am] Committees on November 30, 1999. One from state-recognized tribes must
BILLING CODE 3510–22–P of the recommendations made in the include either: (a) A document issued
report was that the USPTO create and by a state official that evidences the
maintain an accurate and state’s determination that the entity is a
DEPARTMENT OF COMMERCE comprehensive database containing the Native American tribe; or (b) a citation
official insignia of all federally and to a state statute designating the entity
Patent and Trademark Office state-recognized Native American tribes. as a Native American tribe.
Native American Tribal Insignia In accordance with this The USPTO enters insignia that have
Database recommendation, the Senate Committee been properly submitted by federally or
on Appropriations directed the USPTO state-recognized Native American tribes
ACTION: Proposed collection; comment to create this database. into the database and does not
request. The USPTO database of official tribal investigate whether the insignia is
insignias provides evidence of what a actually the official insignia of the tribe
SUMMARY: The United States Patent and federally or state-recognized Native making the request.
Trademark Office (USPTO), as required American tribe considers to be its This collection includes the
by the Paperwork Reduction Act of official insignia. The database thereby information needed by the USPTO to
1995, (44 U.S.C. 3506(c)(2)(A), is assists trademark examining attorneys enter an official insignia for a federally
proposing an extension of an existing in their examination of applications for or state-recognized Native American
information collection; the Native trademark registration by serving as a tribe into a database of such insignia. No
American Tribal Insignia Database. reference for determining the forms are associated with this
DATES: Written comments must be registrability of a mark that may falsely collection.
submitted on or before February 3, 2017. suggest a connection to the official
ADDRESSES: You may submit comments insignia of a Native American tribe. The II. Method of Collection
by any of the following methods: database is also available to the public By mail, facsimile, or hand delivery to
• Email: InformationCollection@ on the USPTO Web site at http:// the USPTO.
uspto.gov. Include ‘‘0651–0048 www.uspto.gov.
comment’’ in the subject line of the Tribes are not required to request that III. Data
message. their official insignia be included in the OMB Number: 0651–0048.
• Federal Rulemaking Portal: http:// database. The entry of an official Form Number(s): None.
www.regulations.gov. insignia into the database does not
• Mail: Marcie Lovett, Records Type of Review: Extension of a
confer any rights to the tribe that
Management Division Director, Office of currently approved collection.
submitted the insignia, and entry is not
the Chief Information Officer, United the legal equivalent of registering the Affected Public: Tribal governments.
States Patent and Trademark Office, insignia as a trademark under 15 U.S.C. Estimated Number of Respondents: 4
P.O. Box 1450, Alexandria, VA 22313– 1051 et seq. The inclusion of an official responses per year.
1450. tribal insignia in the database does not Estimated Time per Response: The
FOR FURTHER INFORMATION CONTACT: create any legal presumption of validity USPTO estimates that a federally or
Requests for additional information or priority, does not carry any of the state-recognized Native American tribe
should be directed to Catherine Cain, benefits of federal trademark will require an average of 45 minutes
Attorney Advisor, Office of the Deputy registration, and is not a determination (0.75 hours) to complete a request to
Commissioner for Trademark as to whether a particular insignia record an official insignia, including
Examination Policy, United States would be refused registration as a time to prepare the appropriate
Patent and Trademark Office, P.O. Box trademark pursuant to 15 U.S.C. 1051 et documents and submit the completed
1451, Alexandria, VA 22313–1451; by seq. request to the USPTO.
telephone at 571–272–8946; or by email Requests from federally recognized Estimated Total Annual Respondent
to Catherine.Cain@uspto.gov. tribes to enter an official insignia into Burden Hours: 3 hours.
Additional information about this the database must be submitted in Estimated Total Annual Respondent
collection is also available at http:// writing and include: (1) A depiction of Cost Burden: $256.50. The USPTO
www.reginfo.gov under ‘‘Information the insignia, including the name of the expects that the information in this
Collection Review.’’ tribe and the address for collection will be prepared by both
SUPPLEMENTARY INFORMATION: correspondence; (2) a copy of the tribal paraprofessionals and administrative
resolution adopting the insignia in staff. The estimated rate of $85.50 per
I. Abstract question as the official insignia of the hour used in this submission is an
The Trademark Law Treaty tribe; and (3) a statement, signed by an average of the paraprofessional rate of
Implementation Act of 1998 (Pub. L. official with authority to bind the tribe, $141 per hour and the administrative
105–330, 302, 112 Stat. 3071) required confirming that the insignia included rate of $30 per hour. Therefore, the
sradovich on DSK3GMQ082PROD with NOTICES
the United States Patent and Trademark with the request is identical to the USPTO estimates that the respondent
Office (USPTO) to study issues official insignia adopted by the tribal cost burden for this collection will be
surrounding the protection of the resolution. approximately $256.50 per year.
VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\05DEN1.SGM 05DEN1](https://thefederalregister.org/doc/81_FR_87783/page/1.svg)
![Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices 87551
Estimated time Estimated Estimated Rate
IC # Item for response annual annual ($/hr)
(minutes) responses burden hours
(a) (b) (a) × (b)/60 = (c)
1 ................... Request to Record an Official Insignia of a Federally 45 3 2.25 $85.50
Recognized Tribe.
2 ................... Request to Record an Official Insignia of a State-Rec- 45 1 0.75 85.50
ognized Tribe.
Totals ............................................................................... ........................ 4 3 ........................
Estimated Total Annual Non-Hour Dated: November 30, 2016. license would be inconsistent with the
Respondent Cost Burden: $4.80. There Marcie Lovett, Bayh-Dole Act or implementing
are no capital start-up, maintenance, or Records Management Division Director, regulations. A competing application for
recordkeeping costs associated with this OCIO, United States Patent and Trademark a patent license agreement, completed
information collection. There are also Office. in compliance with 37 CFR 404.8 and
no filing fees for submitting a tribal [FR Doc. 2016–29095 Filed 12–2–16; 8:45 am] received by the Air Force within the
insignia for recording. However, this BILLING CODE 3510–16–P period for timely objections, will be
collection does have annual (non-hour) treated as an objection and may be
cost burden in the form of postage costs. considered as an alternative to the
Customers may incur postage costs DEPARTMENT OF DEFENSE proposed license.
when submitting the information in this Henry Williams,
collection to the USPTO by mail. The Department of the Air Force
Acting Air Force Federal Register Liaison
USPTO estimates that the average first- Officer.
class postage cost for a submission Notice of Intent To Grant an Exclusive
Patent License [FR Doc. 2016–29100 Filed 12–2–16; 8:45 am]
mailed through the U.S. Postal Service
BILLING CODE 5001–10 –P
will be $1.20 (based on a large 9″ by 12″ AGENCY: Air Force Materiel Command.
envelope weighing 2 ounces) and that 4 ACTION: Notice of intent.
submissions will be mailed to the DEPARTMENT OF DEFENSE
USPTO per year. Therefore, the total SUMMARY: Pursuant to the Bayh-Dole Act
annual (non-hour) respondent cost and implementing regulations, the Department of the Air Force
burden for this collection is estimated to Department of the Air Force hereby
be approximately $4.80 per year. gives notice of its intent to grant an Notice of Intent To Grant an Exclusive
exclusive patent license agreement to Patent License
IV. Request for Comments
Protective Innovations, LLC, a
AGENCY: Air Force Materiel Command.
Comments submitted in response to corporation of the State of Delaware.
this notice will be summarized and/or ACTION: Notice of intent.
DATES: Written objections must be filed
included in the request for OMB no later than fifteen (15) calendar days SUMMARY: Pursuant to the Bayh-Dole Act
approval. All comments will become a after the date of publication of this and implementing regulations, the
matter of public record. Notice. Department of the Air Force hereby
The USPTO is soliciting public ADDRESSES: Submit written objections to gives notice of its intention to grant an
comments to: the Air Force Materiel Command Law exclusive patent license agreement to
(a) Evaluate whether the proposed Office, AFMCLO/JAZ, 2240 B Street, The University of Utah, an educational
collection of information is necessary Room 260, Wright-Patterson AFB, OH institution duly organized, validly
for the proper performance of the 45433–7109; Facsimile: (937) 255–3733; existing, and in good standing in the
functions of the agency, including or Email: afmclo.jaz.tech@us.af.mil. State of Utah, having a place of business
whether the information will have Include Docket No. AFD–1509 in the at 615 Arapeen Drive, Suite 310, Salt
practical utility; subject line of the message. Lake City, UT 84108. Authority: 35
(b) Evaluate the accuracy of the FOR FURTHER INFORMATION CONTACT: Air U.S.C. 209; 37 CFR 404.
agency’s estimate of the burden of the Force Materiel Command Law Office, DATES: Written objections must be filed
proposed collection of information, AFMCLO/JAZ, 2240 B Street, Rm. 260, no later than fifteen (15) calendar days
including the validity of the Wright-Patterson AFB, OH 45433–7109; after the date of publication of this
methodology and assumptions used; Facsimile: (937) 255–3733; Email: Notice.
(c) Enhance the quality, utility, and afmclo.jaz.tech@us.af.mil. ADDRESSES: Submit written objections to
clarity of the information to be SUPPLEMENTARY INFORMATION: The the Air Force Materiel Command Law
collected; and Department of the Air Force intends to Office, AFMCLO/JAZ, 2240 B Street,
(d) Minimize the burden of the grant the exclusive patent license Rm. 101, Wright-Patterson AFB, OH
collection of information on those who agreement for the invention described 45433–7109; Facsimile: (937) 255–3733;
sradovich on DSK3GMQ082PROD with NOTICES
are to respond, including through the in: or Email: afmclo.jaz.tech@us.af.mil.
use of appropriate automated, —U.S. Patent Application Serial No. 62/ Include Docket No. AIT–160711A–JA in
electronic, mechanical, or other 341,678, filed 26 May 2016. the subject line of the message.
technological collection techniques or The Department of the Air Force may FOR FURTHER INFORMATION CONTACT: Air
other forms of information technology, grant the prospective license unless a Force Materiel Command Law Office,
e.g., permitting electronic submission of timely objection is received that AFMCLO/JAZ, 2240 B Street, Rm. 101,
responses. sufficiently shows the grant of the Wright-Patterson AFB, OH 45433–7109;
VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05DEN1.SGM 05DEN1](https://thefederalregister.org/doc/81_FR_87783/page/2.svg)
Document Created: 2016-12-03 00:25:51
Document Modified: 2016-12-03 00:25:51
| 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 February 3, 2017. | |
| Contact | Requests for additional information should be directed to Catherine Cain, Attorney Advisor, Office of the Deputy Commissioner for Trademark Examination Policy, United States Patent and Trademark Office, P.O. Box 1451, Alexandria, VA 22313-1451; by telephone at 571-272-8946; or by email to [email protected] Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 81 FR 87550 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR