82_FR_14752 82 FR 14698 - Submission for OMB Review; Comment Request; Native American Tribal Insignia Database

82 FR 14698 - Submission for OMB Review; Comment Request; Native American Tribal Insignia Database

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 82, Issue 54 (March 22, 2017)

Page Range14698-14699
FR Document2017-05575

Federal Register, Volume 82 Issue 54 (Wednesday, March 22, 2017) 
[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14698-14699]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05575]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Submission for OMB Review; Comment Request; Native American 
Tribal Insignia Database

    The United States Patent and Trademark Office (USPTO) will submit

[[Page 14699]]

to the Office of Management and Budget (OMB) for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Agency: United States Patent and Trademark Office, Commerce.
    Title: Native American Tribal Insignia Database.
    OMB Control Number: 0651-0048.
    Form Number(s): None.
    Type of Request: Extension of a currently approved collection.
    Number of Respondents: 4 responses per year.
    Average Hours per Response: The USPTO estimates that a recognized 
Native American tribe will require an average of 1 hour to complete a 
request to record an official insignia, including time to prepare the 
appropriate documents and submit the completed request to the USPTO.
    Burden Hours: 4 hours.
    Cost Burden: $4.80.
    Needs and Uses: The Trademark Law Treaty Implementation Act of 1998 
(Pub. L. 105-330, sec. 302, 112 Stat. 3071) required the USPTO to study 
issues surrounding the protection of the official insignia of federally 
and state-recognized Native American tribes under trademark law. At the 
direction of Congress, the USPTO created a database containing the 
official insignia of recognized Native American tribes.
    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 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.
    This information collection is used by the USPTO to enter an 
official insignia submitted by a federally or state-recognized Native 
American tribe into the database. There are no forms associated with 
this collection.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
[email protected].
    Once submitted, the request will be publicly available in 
electronic format through reginfo.gov. Follow the instructions to view 
Department of Commerce collections currently under review by OMB.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0048 copy request'' in the subject line of the message.
     Mail: Marcie Lovett, Records and Information Governance 
Division Director, Office of the Chief Technology Officer, United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450.
    Written comments and recommendations for the proposed information 
collection should be sent on or before April 21, 2017 to Nicholas A. 
Fraser, OMB Desk Officer, via email to [email protected], 
or by fax to 202-395-5167, marked to the attention of Nicholas A. 
Fraser.

    Dated: March 10, 2017.
Marcie Lovett,
Director, Records and Information Governance Division, Office of the 
Chief Technology Officer, Office of the Chief Information Officer, 
United States Patent and Trademark Office.
[FR Doc. 2017-05575 Filed 3-21-17; 8:45 am]
 BILLING CODE 3510-16-P

14698 Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices Estimated Estimated Estimated time for Rate Number Item annual annual response ($/hr) responses burden hours (hours) (a) (b) (a) × (b)/60 = (c) • Documents Related to Concurrent Use Applications. • Notice of Intent to Appeal a TTAB decision. 4 ................. Electronic Submissions in Inter Partes Cases ................................. 0.17 40,740 6,790 275.50 • Answers. • Amendments to Pleadings. • Amendment of Application or Registration During Pro- ceeding. • Motions (such as consent motions, motions to extend, mo- tions to suspend, etc.). • Evidence. • Briefs. • Surrender of Registration. • Abandonment of Application. • Documents Related to Concurrent Use Applications. • Notice of Intent to Appeal a TTAB decision. 5 ................. Notice of Appeal ............................................................................... 0.25 5 1.25 275.50 5 ................. Electronic Notice of Appeal .............................................................. 0.25 3,495 873.75 275.50 6 ................. Miscellaneous Ex Parte Papers ....................................................... 0.17 5 0.83 275.50 6 ................. Electronic Miscellaneous Ex Parte Submissions ............................. 0.17 5,995 999.17 275.50 Total .... ........................................................................................................... .............................. 78,000 15,991.67 Estimated Total Annual (Non-hour) notices of appeal, the extensions of time available under extraordinary Respondent Cost Burden: $5,744,000.00. to file an opposition, and the additional circumstances. There are also filing fees There are no capital start-up, papers filed in inter partes and ex parte associated with this collection. This maintenance, or record keeping costs cases must be submitted to the USPTO includes new fees as well as fees being associated with this information electronically or served on other parties returned from collection 0651–0072, collection. However, some filings in this by email. Express or first-class mail which has been discontinued. These collection have filing fees. The petitions through the United States Postal Service fees are listed in the accompanying table to cancel, the notices of opposition, the or hand delivery to the TTAB is only below. Total Estimated Filing fee non-hour Number Item annual ($) cost burden responses ($) (a) (b) (a) × (b) = (c) 1 ............................ Petition to Cancel ...................................................................................................................... 5 $500.00 $2,500.00 1 ............................ Electronic Petition to Cancel ..................................................................................................... 1,895 400.00 758,000.00 2 ............................ Notice of Opposition .................................................................................................................. 5 500.00 2,500.00 2 ............................ Electronic Notice of Opposition ................................................................................................. 6,195 400.00 2,478,000.00 3 ............................ Ex Parte Appeal to the Trademark Trial and Appeal Board Filed on Paper ............................ 5 300.00 1,500.00 3 ............................ Electronic Ex Parte Appeal to the Trademark Trial and Appeal Board .................................... 3,495 200.00 699,000.00 4 ............................ Request for Extension of Time to File an Opposition under § 2.102(c)(3) ............................... 5 200.00 1,000.00 4 ............................ Electronic Request for Extension of Time to File an Opposition under § 2.102(c)(3) .............. 9,600 100.00 960,000.00 5 ............................ Request for Extension of Time to File an Opposition under § 2.102(c)(1)(ii) or (c)(2) ............. 5 300.00 1,500.00 5 ............................ Electronic Request for Extension of Time to File an Opposition § 2.102(c)(1)(ii) or (c)(2) ...... 4,200 200.00 840,000.00 Total ............... .................................................................................................................................................... 25,410 ........................ 5,744,000.00 Therefore, the USPTO estimates that (c) ways to enhance the quality, Dated: March 10, 2017. the total annual (non-hour) cost burden utility, and clarity of the information to Marcie Lovett, for this collection, in the form of filing be collected; and Records and Information Governance fees, is $5,744,000.00 per year. Division Director, OCTO United States Patent (d) ways to minimize the burden of and Trademark Office. IV. Request for Comments the collection of information on [FR Doc. 2017–05574 Filed 3–21–17; 8:45 am] respondents, e.g., the use of automated BILLING CODE 1650–15–P Comments are invited on: collection techniques or other forms of (a) Whether the proposed collection of information technology. Comments information is necessary for the proper submitted in response to this notice will DEPARTMENT OF COMMERCE asabaliauskas on DSK3SPTVN1PROD with NOTICES performance of the functions of the be summarized or included in the agency, including whether the request for OMB approval of this Patent and Trademark Office information shall have practical utility; information collection; they also will become a matter of public record. Submission for OMB Review; (b) the accuracy of the agency’s Comment Request; Native American estimate of the burden (including hours Tribal Insignia Database and cost) of the proposed collection of information; The United States Patent and Trademark Office (USPTO) will submit VerDate Sep<11>2014 18:14 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\22MRN1.SGM 22MRN1

Federal Register / Vol. 82, No. 54 / Wednesday, March 22, 2017 / Notices 14699 to the Office of Management and Budget instructions to view Department of wishing to provide input to the USAFA (OMB) for clearance the following Commerce collections currently under BoV should submit a written statement proposal for collection of information review by OMB. in accordance with 41 CFR Section 102– under the provisions of the Paperwork Further information can be obtained 3.140(c) and section 10(a)(3) of the Reduction Act (44 U.S.C. Chapter 35). by: Federal Advisory Committee Act and Agency: United States Patent and • Email: InformationCollection@ the procedures described in this Trademark Office, Commerce. uspto.gov. Include ‘‘0651–0048 copy paragraph. Written statements must Title: Native American Tribal Insignia request’’ in the subject line of the address the following details: The issue, Database. message. discussion, and a recommended course OMB Control Number: 0651–0048. • Mail: Marcie Lovett, Records and Form Number(s): None. of action. Supporting documentation Information Governance Division Type of Request: Extension of a Director, Office of the Chief Technology may also be included as needed to currently approved collection. Officer, United States Patent and establish the appropriate historical Number of Respondents: 4 responses Trademark Office, P.O. Box 1450, context and provide any necessary per year. Alexandria, VA 22313–1450. background information. Written Average Hours per Response: The Written comments and statements can be submitted to the USPTO estimates that a recognized recommendations for the proposed Designated Federal Officer (DFO) at the Native American tribe will require an information collection should be sent on Air Force address detailed below at any average of 1 hour to complete a request or before April 21, 2017 to Nicholas A. time. However, if a written statement is to record an official insignia, including Fraser, OMB Desk Officer, via email to not received at least 10 calendar days time to prepare the appropriate Nicholas_A._Fraser@omb.eop.gov, or by before the first day of the meeting which documents and submit the completed fax to 202–395–5167, marked to the is the subject of this notice, then it may request to the USPTO. attention of Nicholas A. Fraser. not be provided to or considered by the Burden Hours: 4 hours. BoV until its next open meeting. The Dated: March 10, 2017. Cost Burden: $4.80. DFO will review all timely submissions Needs and Uses: The Trademark Law Marcie Lovett, Director, Records and Information with the BoV Chairman and ensure they Treaty Implementation Act of 1998 Governance Division, Office of the Chief are provided to members of the BoV (Pub. L. 105–330, sec. 302, 112 Stat. Technology Officer, Office of the Chief before the meeting that is the subject of 3071) required the USPTO to study Information Officer, United States Patent and this notice. If after review of timely issues surrounding the protection of the Trademark Office. official insignia of federally and state- submitted written comments and the [FR Doc. 2017–05575 Filed 3–21–17; 8:45 am] BoV Chairman and DFO deem recognized Native American tribes under trademark law. At the direction of BILLING CODE 3510–16–P appropriate, they may choose to invite Congress, the USPTO created a database the submitter of the written comments containing the official insignia of to orally present the issue during an recognized Native American tribes. DEPARTMENT OF DEFENSE open portion of the BoV meeting that is The USPTO database of official tribal the subject of this notice. Members of Department of the Air Force the BoV may also petition the Chairman insignias provides evidence of what a federally or state-recognized Native Board of Visitors of the U.S. Air Force to allow specific personnel to make oral American tribe considers to be its Academy; Notice of Meeting presentations before the BoV. In official insignia. The database thereby accordance with 41 CFR Section 102– assists trademark examining attorneys AGENCY: U.S. Air Force Academy Board 3.140(d), any oral presentations before in their examination of applications for of Visitors, DOD. the BoV shall be in accordance with trademark registration by serving as a ACTION: Meeting notice. agency guidelines provided pursuant to reference for determining the a written invitation and this paragraph. registrability of a mark that may falsely In accordance with 10 U.S.C. Section Direct questioning of BoV members or suggest a connection to the official 9355, the U.S. Air Force Academy (USAFA) Board of Visitors (BoV) will meeting participants by the public is not insignia of a Native American tribe. The permitted except with the approval of entry of an official insignia into the hold a meeting at Polaris Hall, U.S. Air Force Academy, Colorado Springs, CO the DFO and Chairman. For the benefit database does not confer any rights to of the public, rosters that list the names the tribe that submitted the insignia, on Thursday, 6 April and Friday, 7 April, 2017. The meeting for 6 April is of BoV members and any releasable and entry is not the legal equivalent of for BoV members only. The meeting on materials presented during the open registering the insignia as a trademark under 15 U.S.C. 1051 et seq. 7 April will begin at 0900 and conclude portions of this BoV meeting shall be This information collection is used by at 1345. The purpose of this meeting is made available upon request. the USPTO to enter an official insignia to review morale and discipline, social Contact Information: For additional submitted by a federally or state- climate, strategic communication, information or to attend this BoV recognized Native American tribe into infrastructure, and other matters relating meeting, contact Major James Kuchta, the database. There are no forms to the Academy. Specific topics for this Accessions and Training Division, AF/ associated with this collection. meeting include a Superintendent’s A1PT, 1040 Air Force Pentagon, Update; Capital Projects and asabaliauskas on DSK3SPTVN1PROD with NOTICES Frequency: On occasion. Washington, DC 20330, (703) 695–4066, Respondent’s Obligation: Required to Construction Update; Status of James.L.Kuchta.mil@mail.mil. obtain or retain benefits. Discipline; Graduate Assessment OMB Desk Officer: Nicholas A. Fraser, Update. Public attendance at this Henry Williams, email: Nicholas_A._Fraser@ USAFA BoV meeting shall be Acting Air Force Federal Register Liaison omb.eop.gov. accommodated on a first-come, first- Officer. Once submitted, the request will be served basis up to the reasonable and [FR Doc. 2017–05625 Filed 3–21–17; 8:45 am] publicly available in electronic format safe capacity of the meeting room. In BILLING CODE 5001–10–P through reginfo.gov. Follow the addition, any member of the public VerDate Sep<11>2014 18:14 Mar 21, 2017 Jkt 241001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\22MRN1.SGM 22MRN1


Document Created: 2017-03-22 03:58:25
Document Modified: 2017-03-22 03:58:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation82 FR 14698 
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