82_FR_31436 82 FR 31308 - Information Collection; Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)

82 FR 31308 - Information Collection; Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range31308-31309
FR Document2017-14181

The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection: 0651-0056 (Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks).

Federal Register, Volume 82 Issue 128 (Thursday, July 6, 2017)
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31308-31309]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14181]



[[Page 31308]]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Information Collection; Submissions Regarding Correspondence and 
Regarding Attorney Representation (Trademarks)

ACTION: Proposed extension of an existing information collection; 
comment request.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO), as 
required by the Paperwork Reduction Act of 1995, invites comments on a 
proposed extension of an existing information collection: 0651-0056 
(Submissions Regarding Correspondence and Regarding Attorney 
Representation (Trademarks).

DATES: Written comments must be submitted on or before September 5, 
2017.

ADDRESSES: You may submit comments by any of the following methods:
     Email: InformationCollection@uspto.gov. Include ``0651-
0056 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     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.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Catherine Cain, Attorney Advisor, United States 
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; 
by telephone at 571-272-5966; or by email to catherine.cain@uspto.gov 
with ``0651-0056 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

    The United States Patent and Trademark Office (USPTO) administers 
the Trademark Act, 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 their 
marks with the USPTO.
    Such individuals and business may also submit various 
communications to the USPTO regarding their pending applications or 
registered trademarks, including providing additional information 
needed to process a pending application, filing amendments to the 
applications, or filing the papers necessary to keep a trademark in 
force. In the majority of circumstances, individuals and business 
retain attorneys to handle these matters. As such, these parties may 
also submit communications to the USPTO regarding the appointment of 
attorneys to represent applicants or registrants in the application and 
post-registration processes or, in the case of applicants or 
registrants who are not domiciled in the United States, the appointment 
of domestic representatives on whom may be served notices of process in 
proceedings affecting the mark, the revocation of an attorney's or 
domestic representative's appointment, and requests for permission to 
withdraw from representation.
    The rules implementing the Act are set forth in 37 CFR part 2. In 
addition to governing the registration of trademarks, the Act and rules 
also govern the appointment and revocation of attorneys and domestic 
representatives and provide the specifics for filing requests for 
permission to withdraw as the attorney of record. The information in 
this collection is available to the public.
    The information in this collection can be submitted in paper form 
or electronically through the Trademark Electronic Application System 
(TEAS). The information in this collection can be collected in three 
different formats: paper format, electronically using TEAS forms with 
dedicated data fields, or electronically using the TEAS Global Form 
format. The TEAS Global Form format permits the USPTO to collect 
information electronically when a TEAS form having dedicated data 
fields is not yet available.
    This collection currently has two TEAS forms and two TEAS Global 
Forms. There are no official paper forms for the items in this 
collection. Individuals and businesses can submit their own paper 
forms, following the USPTO's rules and guidelines to ensure that all of 
the necessary information is provided.

II. Method of Collection

    The forms in this collection are available in electronic format 
through TEAS, which may be accessed on the USPTO Web site. TEAS Global 
Forms are available for the items where a TEAS form with dedicated data 
fields is not yet available. Applicants may also submit the information 
in paper form by mail, fax, or hand delivery.

III. Data

    Title of Collection: Submissions Regarding Correspondence and 
Regarding Attorney Representation.
    OMB Control Number: 0651-0056.
    IC Instruments and Forms: PTO Forms 2196 and 2201. The TEAS Global 
Forms: Replacement of Attorney of Record with Another Already-Appointed 
Attorney and Request to Withdraw as Domestic Representative.
    Type of Review: Extension of a Previously Existing Information 
Collection.
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions; individuals.
    Estimated Number of Respondents: 84,291 responses per year. Of this 
total, the USPTO estimates that most responses will be filed through 
TEAS.
    Estimated Time per Response: The USPTO estimates that the response 
time for activities related to this collection will take the public 
approximately 5 to 30 minutes (0.08 to 0.50 hours) to complete this 
information (See Table 1). This includes the time to gather the 
necessary information, prepare the requests, and submit them to the 
USPTO. The time estimates shown for the electronic forms in this 
collection are based on the average amount of time needed to complete 
and electronically file the associated form.
    Estimated Time Annual Burden Hours: 7,840.77 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: 
$3,214,715.70 The USPTO expects that attorneys will complete these 
applications. The professional hourly rate for attorneys is $410. The 
rate is established by estimates in the 2015 Report on the Economic 
Survey, published by the Committee on Economics of Legal Practice of 
the American Intellectual Property Law Association. Using this hourly 
rate, the USPTO estimates that the total respondent burden for this 
collection is $3,214,715.70 per year.

[[Page 31309]]



                                                     Table 1--Total Respondent Hour and Cost Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Estimated time       Estimated         Estimated                        Estimated total
                          IC No. Item                             for response         annual         annual burden     Rate  ($/hr)      annual hourly
                                                                     (hour)           responses          hours                             cost burden
                                                                             (a)               (b)               (c)               (d)               (e)
                                                                                                           (a) x (b)                           (c) x (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Revocation, Appointment, and/or Change of Address of                     0.17               150             25.50           $410.00        $10,455.00
 Attorney/Domestic Representative (Paper).....................
1. Revocation, Appointment, and/or Change of Address of                     0.08            75,000          6,000.00            410.00      2,460,000.00
 Attorney/Domestic Representative (TEAS)......................
2. Request for Withdrawal as Attorney of Record/Update of                   0.25                18              4.50            410.00          1,845.00
 USPTO's Database After Power of Attorney Ends (Paper)........
2. Request for Withdrawal as Attorney of Record/Update of                   0.20             9,000            1,8000            410.00        738,000.00
 USPTO's Database After Power of Attorney Ends (TEAS).........
3. Replacement of Attorney of Record with Another Already-                  0.50                 1              0.50            410.00            205.00
 Appointed Attorney (Paper)...................................
3. Replacement of Attorney of Record with Another Already-                  0.50                 1              0.50            410.00            205.00
 Appointed Attorney (TEAS Global).............................
4. Request to Withdraw as Domestic Representative (Paper).....              0.17                 1              0.17            410.00             69.70
4. Request to Withdraw as Domestic Representative (TEAS                     0.08               120              9.60            410.00          3,936.00
 Global)......................................................
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................  ................            84,291          7,840.77  ................      3,214,715.70
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual (Non-Hour) Respondent Cost Burden: There are 
no filing fees or capital start-up, maintenance, operation, or 
recordkeeping costs associated with this information collection. 
However, this collection does have postage costs associated with it. 
Applicants incur postage costs when submitting the information in paper 
format to the USPTO by mail through the United States Postal Service. 
The USPTO estimates that the majority (98%) of the paper forms are 
submitted to the USPTO via first-class mail. The USPTO estimates that 
289 paper submissions will be mailed for a total non-hour respondent 
cost burden of $82.81.

                                             Table 2--Postage Costs
----------------------------------------------------------------------------------------------------------------
                                                            Estimated annual                      Total postage
                        IC No./Item                             responses       Postage cost          cost
                                                                         (a)               (b)  ................
----------------------------------------------------------------------------------------------------------------
1. Revocation of Attorney/Domestic Representative and/or                 150             $0.49            $73.50
 Appointment of Attorney/Domestic Representative (Paper)..
2. Request for Permission to Withdraw as Attorney of                      18              0.49              8.82
 Record (Paper)...........................................
3. Replacement of Attorney of Records with Another Already                 1              0.49              0.49
 Appointed Attorney (Paper)...............................
4. Request to Withdraw as Domestic Representative (Paper).               120              0.49             58.80
                                                           -----------------------------------------------------
    Total.................................................               289                               82.81
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection is $82.81 due to postage costs.

IV. Request for Comments

    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection. They also will become a matter of public record.
    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;
    (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, e.g., the use of automated collection techniques or other 
forms of information technology.

Marcie Lovett,
Records and Information Governance Division Director, OCTO, United 
States Patent and Trademark Office.
[FR Doc. 2017-14181 Filed 7-5-17; 8:45 am]
 BILLING CODE 3510-16-P



                                                31308                           Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices

                                                DEPARTMENT OF COMMERCE                                   businesses that use or intend to use                  II. Method of Collection
                                                                                                         such marks in commerce may file an
                                                United States Patent and Trademark                       application to register their marks with                The forms in this collection are
                                                Office                                                   the USPTO.                                            available in electronic format through
                                                                                                            Such individuals and business may                  TEAS, which may be accessed on the
                                                Information Collection; Submissions                      also submit various communications to                 USPTO Web site. TEAS Global Forms
                                                Regarding Correspondence and                             the USPTO regarding their pending                     are available for the items where a TEAS
                                                Regarding Attorney Representation                        applications or registered trademarks,                form with dedicated data fields is not
                                                (Trademarks)                                             including providing additional                        yet available. Applicants may also
                                                                                                         information needed to process a                       submit the information in paper form by
                                                ACTION: Proposed extension of an                         pending application, filing amendments                mail, fax, or hand delivery.
                                                existing information collection;                         to the applications, or filing the papers
                                                comment request.                                                                                               III. Data
                                                                                                         necessary to keep a trademark in force.
                                                                                                         In the majority of circumstances,                        Title of Collection: Submissions
                                                SUMMARY:   The United States Patent and
                                                                                                         individuals and business retain                       Regarding Correspondence and
                                                Trademark Office (USPTO), as required
                                                                                                         attorneys to handle these matters. As                 Regarding Attorney Representation.
                                                by the Paperwork Reduction Act of
                                                1995, invites comments on a proposed                     such, these parties may also submit                      OMB Control Number: 0651–0056.
                                                extension of an existing information                     communications to the USPTO                              IC Instruments and Forms: PTO
                                                collection: 0651–0056 (Submissions                       regarding the appointment of attorneys                Forms 2196 and 2201. The TEAS Global
                                                                                                         to represent applicants or registrants in             Forms: Replacement of Attorney of
                                                Regarding Correspondence and
                                                                                                         the application and post-registration                 Record with Another Already-
                                                Regarding Attorney Representation
                                                                                                         processes or, in the case of applicants or            Appointed Attorney and Request to
                                                (Trademarks).
                                                                                                         registrants who are not domiciled in the              Withdraw as Domestic Representative.
                                                DATES:Written comments must be                           United States, the appointment of
                                                submitted on or before September 5,                                                                               Type of Review: Extension of a
                                                                                                         domestic representatives on whom may
                                                2017.                                                    be served notices of process in                       Previously Existing Information
                                                                                                         proceedings affecting the mark, the                   Collection.
                                                ADDRESSES:   You may submit comments
                                                                                                         revocation of an attorney’s or domestic                  Affected Public: Businesses or other
                                                by any of the following methods:
                                                                                                         representative’s appointment, and                     for-profits; not-for-profit institutions;
                                                   • Email: InformationCollection@
                                                                                                         requests for permission to withdraw                   individuals.
                                                uspto.gov. Include ‘‘0651–0056
                                                comment’’ in the subject line of the                     from representation.                                     Estimated Number of Respondents:
                                                message.                                                    The rules implementing the Act are                 84,291 responses per year. Of this total,
                                                   • Federal Rulemaking Portal: http://                  set forth in 37 CFR part 2. In addition               the USPTO estimates that most
                                                www.regulations.gov.                                     to governing the registration of                      responses will be filed through TEAS.
                                                   • Mail: Marcie Lovett, Records and                    trademarks, the Act and rules also                       Estimated Time per Response: The
                                                Information Governance Division                          govern the appointment and revocation                 USPTO estimates that the response time
                                                Director, Office of the Chief Technology                 of attorneys and domestic                             for activities related to this collection
                                                Officer, United States Patent and                        representatives and provide the                       will take the public approximately 5 to
                                                Trademark Office, P.O. Box 1450,                         specifics for filing requests for                     30 minutes (0.08 to 0.50 hours) to
                                                Alexandria, VA 22313–1450.                               permission to withdraw as the attorney                complete this information (See Table 1).
                                                                                                         of record. The information in this                    This includes the time to gather the
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                         collection is available to the public.                necessary information, prepare the
                                                Requests for additional information                         The information in this collection can
                                                should be directed to Catherine Cain,                                                                          requests, and submit them to the
                                                                                                         be submitted in paper form or                         USPTO. The time estimates shown for
                                                Attorney Advisor, United States Patent                   electronically through the Trademark
                                                and Trademark Office, P.O. Box 1450,                                                                           the electronic forms in this collection
                                                                                                         Electronic Application System (TEAS).                 are based on the average amount of time
                                                Alexandria, VA 22313–1450; by                            The information in this collection can
                                                telephone at 571–272–5966; or by email                                                                         needed to complete and electronically
                                                                                                         be collected in three different formats:
                                                to catherine.cain@uspto.gov with                                                                               file the associated form.
                                                                                                         paper format, electronically using TEAS
                                                ‘‘0651–0056 comment’’ in the subject                     forms with dedicated data fields, or                     Estimated Time Annual Burden
                                                line. Additional information about this                  electronically using the TEAS Global                  Hours: 7,840.77 hours.
                                                collection is also available at http://                  Form format. The TEAS Global Form                        Estimated Total Annual Respondent
                                                www.reginfo.gov under ‘‘Information                      format permits the USPTO to collect                   (Hourly) Cost Burden: $3,214,715.70
                                                Collection Review.’’                                     information electronically when a TEAS                The USPTO expects that attorneys will
                                                SUPPLEMENTARY INFORMATION                                form having dedicated data fields is not              complete these applications. The
                                                                                                         yet available.                                        professional hourly rate for attorneys is
                                                I. Abstract                                                 This collection currently has two                  $410. The rate is established by
                                                  The United States Patent and                           TEAS forms and two TEAS Global                        estimates in the 2015 Report on the
                                                Trademark Office (USPTO) administers                     Forms. There are no official paper forms              Economic Survey, published by the
                                                the Trademark Act, 15 U.S.C. 1051 et                     for the items in this collection.                     Committee on Economics of Legal
                                                seq., which provides for the Federal                     Individuals and businesses can submit                 Practice of the American Intellectual
                                                registration of trademarks, service                      their own paper forms, following the                  Property Law Association. Using this
sradovich on DSK3GMQ082PROD with NOTICES




                                                marks, collective trademarks and service                 USPTO’s rules and guidelines to ensure                hourly rate, the USPTO estimates that
                                                marks, collective membership marks,                      that all of the necessary information is              the total respondent burden for this
                                                and certification marks. Individuals and                 provided.                                             collection is $3,214,715.70 per year.




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                                                                                           Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Notices                                                                                     31309

                                                                                                           TABLE 1—TOTAL RESPONDENT HOUR AND COST BURDEN
                                                                                                                                                                                            Estimated
                                                                                                                             Estimated time                     Estimated                                                                      Estimated total
                                                                                                                                                                                          annual burden                  Rate
                                                                          IC No. Item                                         for response                        annual                                                                       annual hourly
                                                                                                                                                                                              hours                      ($/hr)
                                                                                                                                  (hour)                        responses                                                                       cost burden

                                                                                                                                       (a)                            (b)                       (c)                        (d)                       (e)
                                                                                                                                                                                             (a) × (b)                                            (c) × (d)

                                                1. Revocation, Appointment, and/or Change
                                                  of Address of Attorney/Domestic Represent-
                                                  ative (Paper) .................................................                               0.17                            150                    25.50                  $410.00               $10,455.00
                                                1. Revocation, Appointment, and/or Change
                                                  of Address of Attorney/Domestic Represent-
                                                  ative (TEAS) .................................................                                0.08                        75,000               6,000.00                        410.00           2,460,000.00
                                                2. Request for Withdrawal as Attorney of
                                                  Record/Update of USPTO’s Database After
                                                  Power of Attorney Ends (Paper) ..................                                             0.25                              18                     4.50                    410.00               1,845.00
                                                2. Request for Withdrawal as Attorney of
                                                  Record/Update of USPTO’s Database After
                                                  Power of Attorney Ends (TEAS) ..................                                              0.20                         9,000                    1,8000                     410.00             738,000.00
                                                3. Replacement of Attorney of Record with
                                                  Another Already-Appointed Attorney (Paper)                                                    0.50                                1                    0.50                    410.00                 205.00
                                                3. Replacement of Attorney of Record with
                                                  Another Already-Appointed Attorney (TEAS
                                                  Global) ..........................................................                            0.50                                1                    0.50                    410.00                 205.00
                                                4. Request to Withdraw as Domestic Rep-
                                                  resentative (Paper) .......................................                                   0.17                                1                    0.17                    410.00                   69.70
                                                4. Request to Withdraw as Domestic Rep-
                                                  resentative (TEAS Global) ...........................                                         0.08                            120                      9.60                    410.00               3,936.00

                                                      Total ..........................................................     ............................                     84,291               7,840.77       ............................      3,214,715.70



                                                   Estimated Total Annual (Non-Hour)                                        collection does have postage costs                                        estimates that the majority (98%) of the
                                                Respondent Cost Burden: There are no                                        associated with it. Applicants incur                                      paper forms are submitted to the USPTO
                                                filing fees or capital start-up,                                            postage costs when submitting the                                         via first-class mail. The USPTO
                                                maintenance, operation, or                                                  information in paper format to the                                        estimates that 289 paper submissions
                                                recordkeeping costs associated with this                                    USPTO by mail through the United                                          will be mailed for a total non-hour
                                                information collection. However, this                                       States Postal Service. The USPTO                                          respondent cost burden of $82.81.

                                                                                                                                       TABLE 2—POSTAGE COSTS
                                                                                                                                                                                         Estimated annual                                      Total postage
                                                                                                         IC No./Item                                                                                               Postage cost
                                                                                                                                                                                             responses                                              cost

                                                                                                                                                                                                (a)                        (b)

                                                1. Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/
                                                  Domestic Representative (Paper) ................................................................................                                       150                      $0.49                 $73.50
                                                2. Request for Permission to Withdraw as Attorney of Record (Paper) .........................                                                             18                       0.49                   8.82
                                                3. Replacement of Attorney of Records with Another Already Appointed Attorney
                                                  (Paper) .........................................................................................................................                        1                         0.49                  0.49
                                                4. Request to Withdraw as Domestic Representative (Paper) .......................................                                                        120                         0.49                 58.80

                                                      Total ..........................................................................................................................                   289                                              82.81



                                                  Therefore, the USPTO estimates that                                         (a) Whether the proposed collection of                                  respondents, e.g., the use of automated
                                                the total annual (non-hour) cost burden                                     information is necessary for the proper                                   collection techniques or other forms of
                                                for this collection is $82.81 due to                                        performance of the functions of the                                       information technology.
                                                postage costs.                                                              agency, including whether the
                                                                                                                            information shall have practical utility;                                 Marcie Lovett,
                                                IV. Request for Comments                                                      (b) the accuracy of the agency’s                                        Records and Information Governance
                                                                                                                            estimate of the burden (including hours                                   Division Director, OCTO, United States Patent
sradovich on DSK3GMQ082PROD with NOTICES




                                                  Comments submitted in response to                                                                                                                   and Trademark Office.
                                                this notice will be summarized or                                           and cost) of the proposed collection of
                                                                                                                            information;                                                              [FR Doc. 2017–14181 Filed 7–5–17; 8:45 am]
                                                included in the request for OMB
                                                approval of this information collection.                                      (c) ways to enhance the quality,                                        BILLING CODE 3510–16–P

                                                They also will become a matter of                                           utility, and clarity of the information to
                                                public record.                                                              be collected; and
                                                                                                                              (d) ways to minimize the burden of
                                                  Comments are invited on:                                                  the collection of information on


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Document Created: 2017-07-06 01:05:16
Document Modified: 2017-07-06 01:05:16
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 extension of an existing information collection; comment request.
DatesWritten comments must be submitted on or before September 5, 2017.
ContactRequests for additional information should be directed to Catherine Cain, Attorney Advisor, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-5966; or by email to [email protected] with ``0651-0056 comment'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.''
FR Citation82 FR 31308 

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