83 FR 1245 - Fastener Quality Act Insignia Recordal Process

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 83, Issue 7 (January 10, 2018)

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: 0651-0028 (Fastener Quality Act Insignia Recordal Act).

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1245-1246]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00264]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Fastener Quality Act Insignia Recordal Process

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

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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: 0651-0028 
(Fastener Quality Act Insignia Recordal Act).

DATES: Written comments must be submitted on or before March 12, 2018.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0028 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, Office of the 
Commissioner for Trademarks, United States Patent and Trademark Office, 
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8946; 
or by email to [email protected] with ``0651-0028 comment'' in 
the subject line. Additional information about this collection is also 
available at http://www.reginfor.gov under ``Information Collection 
Review.''

SUPPLEMENTARY INFORMATION:

I. Abstract

    Under Section 5 of the Fastener Quality Act (FQA) of 1999, 15 
U.S.C. 5401 et seq., certain industrial fasteners must bear an insignia 
identifying the manufacturer. It is also mandatory for manufacturers of 
fasteners covered by the FQA to submit an application to the USPTO for 
recordal of the insignia on the Fastener Insignia Register.
    The procedures for the recordal of fastener insignia under the FQA 
are set forth in 15 CFR 280.300 et seq. The purpose of requiring both 
the insignia and the recordation is to ensure that certain fasteners 
can be traced to their manufacturers and to protect against the sale of 
mismarked, misrepresented, or counterfeit fasteners.
    The insignia may be sourced from an existing trademark registered 
at USPTO, from a trademark that is proposed in an application to obtain 
a registration currently before the USPTO, or from a unique 
alphanumeric designation issued upon request from the USPTO. After a 
manufacturer submits a complete application for recordal, the USPTO 
issues a Certificate of Recordal. These certificates remain active for 
five years. Applications to renew the certificates must be filed within 
six months of the expiration date or, upon payment of an additional 
surcharge, within six months following the expiration date.
    If a recorded alphanumeric designation is assigned by the 
manufacturer to a new owner, the designation becomes ``inactive'' and 
the new owner must submit an application to reactivate the designation 
within six months of the date of assignment. If the recordal is based 
on a trademark application or registration and the registration is 
assigned to a new owner, the recordal becomes ``inactive'' and cannot 
be reassigned. Instead, the new owner of the trademark application or 
registration must apply for a new recordal. Manufacturers who record 
insignia must notify the USPTO of any changes of address.
    This information collection includes one form, the Application for 
Recordal of Insignia or Renewal/Reactivation of Recordal Under the 
Fastener Quality Act (PTO-1611), which provides manufacturers with a 
convenient way to submit a request for the recordal of a fastener 
insignia or to renew or reactivate an existing Certificate of Renewal.
    The public uses this information collection to comply with the 
insignia recordal provisions of the FQA. The USPTO uses the information 
in this collection to record or renew insignias under the FQA and to 
maintain the Fastener Insignia Register, which is open for public 
inspection and is updated quarterly. The public may download the 
Fastener Insignia Register from the USPTO website.

[[Page 1246]]

III. Method of Collection

    By mail, facsimile, hand delivery, or electronic submission to the 
USPTO.

III. Data

    OMB Number: 0651-0028.
    IC Instruments and Forms: PTO-1611.
    Type of Review: Revision of a Previously Existing Information 
Collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 96 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 20 minutes (0.33 hours) to gather the 
necessary information, prepare the form, and submit the request for 
recordal or renewal of a fastener insignia to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 32 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: $4,640.00. 
The USPTO estimates that a paraprofessional will complete these 
applications. The professional hourly rate for a paraprofessional is 
$145. The rate is established by estimates in the 2016 Report on the 
Economic Survey, published by the Committee on Economics of Legal 
Practice of the American Intellectual Property Law Association.

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                                                                          Estimated time     Estimated       Estimated                       Estimated
                 IC No.                                Item                for responses      annual       annual burden       Rate        annual hourly
                                                                              (hours)        responses         cost                          cost ($)
                                                                                     (a)             (b)             (c)             (d)             (e)
                                                                                                               (a) x (b)                       (c) x (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1......................................  Applications for Recordal of               0.33              96              32         $145.00       $4,640.00
                                          Insignia or Renewal/
                                          Reactivation of Recordal Under
                                          the Fastener Quality Act.
                                                                         -------------------------------------------------------------------------------
    Totals.............................  ...............................  ..............              96              32  ..............        4,640.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimate Total Annual Non-hour Respondent Cost Burden: $2,121.96. 
There are no capital start-up, recordkeeping, or maintenance costs 
associated with this information collection. However, this collection 
does have annual (non-hour) costs in the form of filing fees and 
postage costs.
    Customers may incur postage costs when submitting some of the items 
covered by this collection to the USPTO by mail. The USPTO expects that 
approximately 98% of the response in this collection will be submitted 
electronically. Of the remaining 2%, will be submitted by mail for a 
total of 2 mailed submissions. The average cost for a first-class, 1-
ounce large envelope is $0.98. Therefore, the USPTO estimates that the 
postage costs for the mailed submissions in this collection will total 
$1.96.
    There are two filing fees associated with this collection, which 
total $2,120.00. These fees are detailed in the table below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Filing fee
               IC No.                           Items                Responses      Filing fee         costs
----------------------------------------------------------------------------------------------------------------
1a.................................  Filing an application for                96          $20.00       $1,920.00
                                      recordal of insignia or
                                      renewal/reactivation of
                                      recordal.
1b.................................  Surcharge for filing six                 10           20.00          200.00
                                      months after the
                                      expiration date--Filing an
                                      application for recordal
                                      of insignia or renewal/
                                      reactivation of recordal.
                                                                 -----------------------------------------------
    Totals.........................  ...........................             106  ..............        2,120.00
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection in the form of filing fees ($2,120.00) 
and postage costs ($1.96) is $2,121.96 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. 2018-00264 Filed 1-9-18; 8:45 am]
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