82 FR 34509 - Substantive Submissions Made During Prosecution of the Trademark Application
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office Federal Register Volume 82, Issue 141 (July 25, 2017)
United States Patent and Trademark Office
Federal Register Volume 82, Issue 141 (July 25, 2017)
| Page Range | 34509-34511 | |
| FR Document | 2017-15500 |
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)] [Notices] [Pages 34509-34511] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15500] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE United States Patent and Trademark Office Substantive Submissions Made During Prosecution of the Trademark Application ACTION: Revision of an existing 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 a proposed extension of an existing information collection. DATES: Written comments must be submitted on or before September 25, 2017. ADDRESSES: You may submit comments by any of the following methods:Email: [email protected]. Include ``0651- 0054 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 571-272-8946; or by email to [email protected] with ``0651-0054 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 mark with the USPTO. Such individuals and businesses may also submit various communications to the USPTO, including providing additional information needed to process a request to delete a particular filing basis from an application or to divide an application identifying multiple goods and/ or services into two or more separate applications. Applicants may seek a six-month extension of time to file a statement that the mark is in use in commerce or submit a petition to revive an application that abandoned for failure to submit a timely response to an office action or a timely statement of use or extension request. In some circumstances, an applicant may expressly abandon an application by filing a written request for withdrawal of the application. The rules implementing the Act are set forth in 37 CFR part 2. These rules mandate that each register entry include the mark, the goods and/or services in connection with which the mark is used, ownership information, dates of use, and certain other information. The USPTO also provides similar information concerning pending applications. The register and pending application information may be accessed by an individual or by businesses to determine the availability of a mark. By accessing the USPTO's information, parties may reduce the possibility of initiating use of a mark previously adopted by another. The Federal trademark registration process may thereby reduce the number of filings between both litigating parties and the courts. II. Method of Collection The forms in this collection are available in electronic format through the Trademark Electronic Application System (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. [[Page 34510]] III. Data OMB Number: 0651-0054. IC Instruments and Forms: PTO Forms 1553, 1581, 2194, 2195, 2200, and 2202. Type of Review: Revision of a Previously Existing Information Collection. Affected Public: Businesses or other for-profits; not-for-profit institutions; individuals. Estimated Number of Respondents: 374,972 per year. Estimated Time per Response: The USPTO estimates that the response time for activities related to submissions regarding trademark prosecution will take the public from 10 minutes (0.17 hours) to 35 minutes (0.58 hours) to complete. (See Table 1.) This includes the time to gather the necessary information, prepare the appropriate documents, and submit the information to the USPTO. Estimated Total Annual Respondent Burden Hours: 101,400.37 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $41,574,150.33. The professional hourly rate for attorneys is $410. This rate is established by estimates in the 2015 Report of 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 respondent cost burden for this collection will be approximately $41,574,150.33 per year. -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated time No. Item for response Estimated annual Estimated annual Rate ($/ (minutes) responses burden hours hr) (a) (b) (a) x (b) / 60 = (c) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1............................................ Trademark/Service Mark Allegation of 30 27 13.50 $410.00 Use (Statement of Use/Amendment to Allege Use) (Paper). 1............................................ Trademark/Service Mark Allegation of 25 109,086 45,452.50 410.00 Use (Statement of Use/Amendment to Allege Use) (TEAS). 2............................................ Request for Extension of Time to 15 59 14.75 410.00 File a Statement of Use (Paper). 2............................................ Request for Extension of Time to 12 234,906 46,981.20 410.00 File a Statement of Use (TEAS). 3............................................ Petition to Revive Abandoned 25 5 2.08 410.00 Application--Failure to Respond Timely to Office Action (Paper). 3............................................ Petition to Revive Abandoned 20 19,545 6,515.00 410.00 Application--Failure to Respond Timely to Office Action (TEAS). 4............................................ Petition to Revive Abandoned 20 1 0.33 410.00 Application--Failure to File Timely Statement of Use or Extension Request (Paper). 4............................................ Petition to Revive Abandoned 15 284 71.00 410.00 Application--Failure to File Timely Statement of Use or Extension Request (TEAS). 5............................................ Request to Delete Section 1(b) 15 1 0.25 410.00 Basis, Intent to Use (Paper). 5............................................ Request to Delete Section 1(b) 10 1,400 233.33 410.00 Basis, Intent to Use (TEAS). 6............................................ Request for Express Abandonment 15 1 0.25 410.00 (Withdrawal) of Application (Paper). 6............................................ Request for Express Abandonment 10 5,500 916.67 410.00 (Withdrawal) of Application (TEAS). 7............................................ Request to Divide Application 20 1 0.33 410.00 (Paper). 7............................................ Request to Divide Application (TEAS) 15 3,057 764.25 410.00 8............................................ Response to Intent-to-Use (ITU) 35 1 0.58 410.00 Divisional Unit Office Action (Paper). 8............................................ Response to Intent-to-Use (ITU) 30 2 1.00 410.00 Divisional Unit Office Action (TEAS Global). 9............................................ Response to Petition to Revive 25 1 0.42 410.00 Deficiency Letter (Paper). 9............................................ Response to Petition to Revive 20 313 104.33 410.00 Deficiency Letter (TEAS Global). 10........................................... Petition to the Director Under 30 1 0.50 410.00 Trademark Rule 2.146 (Paper). 10........................................... Petition to the Director Under 25 750 312.50 410.00 Trademark Rule 2.146 (TEAS Global). 11........................................... Petition to Revive with Request to 35 1 0.58 410.00 Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (Paper). 11........................................... Petition to Revive with Request to 30 30 15.00 410.00 Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (TEAS Global). ---------------------------------------------------------------------------------------------------------- Totals................................... .................................... ................ 374,972 101,400.37 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 34511]] Estimated Total Annual (Non-hour) Respondent Cost Burden: $42,650,873.51. There are no capital start-up, maintenance, or recordkeeping costs associated with this information collection. However, this collection does have annual (non-hour) cost burden in the form of postage costs and filing fees. Applicants incur postage costs when submitting information to the USPTO by mail through the United States Postal Service. The USPTO estimates that the majority of the paper forms are submitted to the USPTO via first-class mail at a rate of 49 cents per ounce. Therefore, the USPTO estimates that with a total of 99 paper submissions, the postage costs in this collection will be $48.51. The filing fees for several items in this collection are charged per class of goods and/or services; therefore, the filing fees will vary for each respondent depending on the number of classes. The total filing fees of $42,650,825.00 shown here are based on the minimum fee of one class for those items for which a fee is required. ---------------------------------------------------------------------------------------------------------------- Estimated annual Filing fee Total non-hour IC No. Item responses ($) cost Burden ($) ....................... (a) (b) (a) x (b) = (c) ---------------------------------------------------------------------------------------------------------------- 1.............................. Trademark/Service Mark 27 $200 $5,400.00 Allegation of Use (Statement of Use/ Amendment to Allege Use) (Paper). 1.............................. Trademark/Service Mark 109,086 100 10,908,600.00 Allegation of Use (Statement of Use/ Amendment to Allege Use) (TEAS). 2.............................. Request for Extension 59 225 13,275.00 of Time to File a Statement of Use (Paper). 2.............................. Request for Extension 234,906 125 29,363,250.00 of Time to File a Statement of Use (TEAS). 3.............................. Petition to Revive 5 200 1,000.00 Abandoned Application-- Failure to Respond Timely to Office Action (Paper). 3.............................. Petition to Revive 19,545 100 1,954,500.00 Abandoned Application-- Failure to Respond Timely to Office Action (TEAS). 4.............................. Petition to Revive 1 200 200.00 Abandoned Application-- Failure to File Timely Statement of Use or Extension Request (Paper). 4.............................. Petition to Revive 203 100 20,300.00 Abandoned Application-- Failure to File Timely Statement of Use or Extension Request (TEAS). 7.............................. Request to Divide 1 200 200.00 Application (Paper). 7.............................. Request to Divide 3,057 100 305,700.00 Application (TEAS Global). 10............................. Petition to the 1 200 200.00 Director Under Trademark Rule 2.146 (Paper). 10............................. Petition to the 750 100 75,000.00 Director Under Trademark Rule 2.146 (TEAS Global). 11............................. Petition to Revive with 1 200 200.00 Request to Delete Section 1(b) Basis or to Delete ITU Goods/ Services After NOA (Paper). 11............................. Petition to Revive with 30 100 3,000.00 Request to Delete Section 1(b) Basis or to Delete ITU Goods/ Services After NOA (TEAS Global). -------------------------------------------------------------------------------- Totals..................... ....................... 374,891 .............. 42,650,825.00 ---------------------------------------------------------------------------------------------------------------- Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of postage costs and filing fees is $42,650,873.51 per year. IV. Request for Comments Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology. Marcie Lovett, Records and Information Governance Division Director, OCTO, United States Patent and Trademark Office. [FR Doc. 2017-15500 Filed 7-24-17; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices 34509
TABLE 2—FILING FEES—Continued
Total non-hour cost
Estimated annual Filing fee
No. Item burden
responses ($) ($)
(a) (b) (a) × (b) = (c)
3 .................. Petitions requiring the petition fee set forth in 37 CFR 1.17 (h) 8,000 140 1,120,000.00
(Group III) (large entity).
3 .................. Petitions requiring the petition fee set forth in 37 CFR 1.17 (h) 3,500 70 245,000.00
(Group III) (small entity).
3 .................. Petitions requiring the petition fee set forth in 37 CFR 1.17 (h) 250 35 8,750.00
(Group III) (micro entity).
Totals ... ......................................................................................................... 19,650 ............................ 3,146,250.00
Therefore, the USPTO estimates that by the Paperwork Reduction Act of the USPTO, including providing
the total annual (non-hour) cost burden 1995, invites comments on a a proposed additional information needed to
for this collection, in the form of postage extension of an existing information process a request to delete a particular
costs and filing fees is $3,147,594.80 per collection. filing basis from an application or to
year. DATES: Written comments must be divide an application identifying
submitted on or before September 25, multiple goods and/or services into two
IV. Request for Comments
2017. or more separate applications.
Comments submitted in response to Applicants may seek a six-month
this notice will be summarized or ADDRESSES: You may submit comments extension of time to file a statement that
included in the request for OMB by any of the following methods: the mark is in use in commerce or
approval of this information collection; • Email: InformationCollection@ submit a petition to revive an
they also will become a matter of public uspto.gov. Include ‘‘0651–0054 application that abandoned for failure to
record. comment’’ in the subject line of the submit a timely response to an office
Comments are invited on: message. action or a timely statement of use or
(a) Whether the proposed collection of • Federal Rulemaking Portal: http:// extension request. In some
information is necessary for the proper www.regulations.gov. circumstances, an applicant may
performance of the functions of the • Mail: Marcie Lovett, Records and expressly abandon an application by
agency, including whether the Information Governance Division filing a written request for withdrawal
information shall have practical utility; Director, Office of the Chief Technology of the application.
(b) the accuracy of the agency’s Officer, United States Patent and The rules implementing the Act are
estimate of the burden (including hours Trademark Office, P.O. Box 1450, set forth in 37 CFR part 2. These rules
and cost) of the proposed collection of Alexandria, VA 22313–1450. mandate that each register entry include
information; FOR FURTHER INFORMATION CONTACT: the mark, the goods and/or services in
(c) ways to enhance the quality, Requests for additional information connection with which the mark is
utility, and clarity of the information to should be directed to Catherine Cain, used, ownership information, dates of
be collected; and Attorney Advisor, United States Patent use, and certain other information. The
(d) ways to minimize the burden of and Trademark Office, P.O. Box 1450, USPTO also provides similar
the collection of information on Alexandria, VA 22313–1450; by information concerning pending
respondents, e.g., the use of automated telephone at 571–272–8946; or by email applications. The register and pending
collection techniques or other forms of to Catherine.Cain@uspto.gov with application information may be
information technology. ‘‘0651–0054 comment’’ in the subject accessed by an individual or by
Marcie Lovett, line. Additional information about this businesses to determine the availability
Records and Information Governance collection is also available at http:// of a mark. By accessing the USPTO’s
Division Director, OCTO United States Patent www.reginfo.gov under ‘‘Information information, parties may reduce the
and Trademark Office. Collection Review.’’ possibility of initiating use of a mark
[FR Doc. 2017–15501 Filed 7–24–17; 8:45 am] SUPPLEMENTARY INFORMATION: previously adopted by another. The
BILLING CODE 3510–16–P Federal trademark registration process
I. Abstract
may thereby reduce the number of
The United States Patent and filings between both litigating parties
DEPARTMENT OF COMMERCE Trademark Office (USPTO) administers and the courts.
the Trademark Act, 15 U.S.C. 1051 et
United States Patent and Trademark seq., which provides for the Federal II. Method of Collection
Office registration of trademarks, service The forms in this collection are
marks, collective trademarks and service available in electronic format through
Substantive Submissions Made During marks, collective membership marks, the Trademark Electronic Application
mstockstill on DSK30JT082PROD with NOTICES
Prosecution of the Trademark and certification marks. Individuals and System (TEAS), which may be accessed
Application businesses that use or intend to use on the USPTO Web site. TEAS Global
ACTION: Revision of an existing such marks in commerce may file an Forms are available for the items where
collection; comment request. application to register their mark with a TEAS form with dedicated data fields
the USPTO. is not yet available. Applicants may also
SUMMARY: The United States Patent and Such individuals and businesses may submit the information in paper form by
Trademark Office (USPTO), as required also submit various communications to mail, fax, or hand delivery.
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![Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices 34511
Estimated Total Annual (Non-hour) Applicants incur postage costs when The filing fees for several items in this
Respondent Cost Burden: submitting information to the USPTO by collection are charged per class of goods
$42,650,873.51. mail through the United States Postal and/or services; therefore, the filing fees
There are no capital start-up, Service. The USPTO estimates that the will vary for each respondent depending
majority of the paper forms are on the number of classes. The total
maintenance, or recordkeeping costs
submitted to the USPTO via first-class filing fees of $42,650,825.00 shown here
associated with this information
mail at a rate of 49 cents per ounce. are based on the minimum fee of one
collection. However, this collection Therefore, the USPTO estimates that
does have annual (non-hour) cost class for those items for which a fee is
with a total of 99 paper submissions, the required.
burden in the form of postage costs and postage costs in this collection will be
filing fees. $48.51.
Total non-hour
Estimated Filing fee
IC No. Item cost Burden
annual responses ($) ($)
(a) (b) (a) × (b) = (c)
1 ....................... Trademark/Service Mark Allegation of Use (Statement of Use/ 27 $200 $5,400.00
Amendment to Allege Use) (Paper).
1 ....................... Trademark/Service Mark Allegation of Use (Statement of Use/ 109,086 100 10,908,600.00
Amendment to Allege Use) (TEAS).
2 ....................... Request for Extension of Time to File a Statement of Use 59 225 13,275.00
(Paper).
2 ....................... Request for Extension of Time to File a Statement of Use 234,906 125 29,363,250.00
(TEAS).
3 ....................... Petition to Revive Abandoned Application—Failure to Respond 5 200 1,000.00
Timely to Office Action (Paper).
3 ....................... Petition to Revive Abandoned Application—Failure to Respond 19,545 100 1,954,500.00
Timely to Office Action (TEAS).
4 ....................... Petition to Revive Abandoned Application—Failure to File Timely 1 200 200.00
Statement of Use or Extension Request (Paper).
4 ....................... Petition to Revive Abandoned Application—Failure to File Timely 203 100 20,300.00
Statement of Use or Extension Request (TEAS).
7 ....................... Request to Divide Application (Paper) .......................................... 1 200 200.00
7 ....................... Request to Divide Application (TEAS Global) ............................... 3,057 100 305,700.00
10 ..................... Petition to the Director Under Trademark Rule 2.146 (Paper) ..... 1 200 200.00
10 ..................... Petition to the Director Under Trademark Rule 2.146 (TEAS 750 100 75,000.00
Global).
11 ..................... Petition to Revive with Request to Delete Section 1(b) Basis or 1 200 200.00
to Delete ITU Goods/Services After NOA (Paper).
11 ..................... Petition to Revive with Request to Delete Section 1(b) Basis or 30 100 3,000.00
to Delete ITU Goods/Services After NOA (TEAS Global).
Totals ........ ........................................................................................................ 374,891 ........................ 42,650,825.00
Therefore, the USPTO estimates that (c) ways to enhance the quality, Call for written third-party
ACTION:
the total annual (non-hour) cost burden utility, and clarity of the information to comments.
for this collection, in the form of postage be collected; and
costs and filing fees is $42,650,873.51 (d) ways to minimize the burden of SUMMARY: This notice provides
per year. the collection of information on information to members of the public on
respondents, e.g., the use of automated submitting written comments for
IV. Request for Comments collection techniques or other forms of accrediting agencies currently
information technology. undergoing review for purposes of
Comments submitted in response to recognition by the U.S. Secretary of
this notice will be summarized or Marcie Lovett, Education.
included in the request for OMB Records and Information Governance
approval of this information collection; Division Director, OCTO, United States Patent FOR FURTHER INFORMATION CONTACT:
they also will become a matter of public and Trademark Office. Herman Bounds, Director, Accreditation
record. [FR Doc. 2017–15500 Filed 7–24–17; 8:45 am] Group, Office of Postsecondary
BILLING CODE 3510–16–P Education, U.S. Department of
Comments are invited on: Education, 400 Maryland Avenue SW.,
(a) Whether the proposed collection of Room 6C115, Washington, DC 20202,
information is necessary for the proper telephone: (202) 453–7615, or email:
mstockstill on DSK30JT082PROD with NOTICES
performance of the functions of the DEPARTMENT OF EDUCATION herman.bounds@ed.gov.
agency, including whether the SUPPLEMENTARY INFORMATION:
information shall have practical utility; Office of Postsecondary Education;
Call for Written Third-Party Comments NACIQI’s Statutory Authority and
(b) the accuracy of the agency’s Function: The National Advisory
estimate of the burden (including hours AGENCY: Accreditation Group, Office of Committee on Institutional Quality and
and cost) of the proposed collection of Postsecondary Education, U.S. Integrity (NACIQI) is established under
information; Department of Education. Section 114 of the Higher Education Act
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Document Created: 2018-10-24 11:21:14
Document Modified: 2018-10-24 11:21:14
| 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 | Revision of an existing collection; comment request. | |
| Dates | Written comments must be submitted on or before September 25, 2017. | |
| 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 571-272-8946; or by email to [email protected] with ``0651-0054 comment'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 82 FR 34509 |
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