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)
United States Patent and Trademark Office
Federal Register Volume 83, Issue 7 (January 10, 2018)
| Page Range | 1245-1246 | |
| FR Document | 2018-00264 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: InformationCollection@upsto.gov. 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 Catherine.Cain@uspto.gov 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 $145. The rate is established by estimates in the 2016 Report on the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association. -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated time Estimated Estimated Estimated IC No. Item for responses annual annual burden Rate annual hourly (hours) responses cost cost ($) (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] BILLING CODE 3510-16-P
![Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices 1245
implement the PLT and title II of the Dated: January 5, 2018. the FQA to submit an application to the
PLTIA, the USPTO provided that, in Joseph D. Matal, USPTO for recordal of the insignia on
order to be accorded a filing date, a Associate Solicitor, performing the functions the Fastener Insignia Register.
nonprovisional application (other than and duties of the Under Secretary of The procedures for the recordal of
an application for a design patent) must Commerce for Intellectual Property and fastener insignia under the FQA are set
Director of the United States Patent and
include a specification with or without forth in 15 CFR 280.300 et seq. The
Trademark Office.
claims. See Changes To Implement the purpose of requiring both the insignia
[FR Doc. 2018–00270 Filed 1–9–18; 8:45 am]
Patent Law Treaty, 78 FR 62367, 62369 and the recordation is to ensure that
BILLING CODE 3510–16–P
(Oct. 21, 2013) (final rule). This change certain fasteners can be traced to their
was effective on December 18, 2013, and manufacturers and to protect against the
applies to any application filed under sale of mismarked, misrepresented, or
DEPARTMENT OF COMMERCE
35 U.S.C. 111 on or after December 18, counterfeit fasteners.
2013. Although a claim is not required United States Patent and Trademark The insignia may be sourced from an
in a nonprovisional application (other Office existing trademark registered at USPTO,
than an application for a design patent) from a trademark that is proposed in an
for filing date purposes and the Fastener Quality Act Insignia Recordal application to obtain a registration
applicant may file an amendment Process currently before the USPTO, or from a
adding additional claims (as prescribed unique alphanumeric designation
ACTION: Proposed extension of an issued upon request from the USPTO.
by 35 U.S.C. 112) and drawings (as existing information collection;
prescribed by 35 U.S.C. 113) later After a manufacturer submits a
comment request. complete application for recordal, the
during prosecution, the applicant
should consider the benefits of SUMMARY: The United States Patent and USPTO issues a Certificate of Recordal.
submitting a complete set of claims and Trademark Office (USPTO), as required These certificates remain active for five
by the Paperwork Reduction Act of years. Applications to renew the
any necessary drawings on filing of the
1995, invites comments on a proposed certificates must be filed within six
nonprovisional application. This would
extension of an existing information months of the expiration date or, upon
reduce the likelihood that any claims
collection: 0651–0028 (Fastener Quality payment of an additional surcharge,
and/or drawings added later during within six months following the
prosecution might be found to contain Act Insignia Recordal Act).
expiration date.
new matter. Also, if a patent is granted DATES: Written comments must be
submitted on or before March 12, 2018. If a recorded alphanumeric
and the patentee is successful in
ADDRESSES: You may submit comments
designation is assigned by the
litigation against an infringer,
by any of the following methods: manufacturer to a new owner, the
provisional rights to a reasonable
• Email: InformationCollection@ designation becomes ‘‘inactive’’ and the
royalty under 35 U.S.C. 154(d) may be new owner must submit an application
available only if the claims that are upsto.gov. Include ‘‘0651–0028
comment’’ in the subject line of the to reactivate the designation within six
published in the patent application months of the date of assignment. If the
publication are substantially identical to message.
• Federal Rulemaking Portal: http:// recordal is based on a trademark
the patented claims that are infringed, application or registration and the
www.regulations.gov.
assuming timely actual notice is registration is assigned to a new owner,
• Mail: Marcie Lovett, Records and
provided. Thus, the importance of the the recordal becomes ‘‘inactive’’ and
Information Governance Division
claims that are included in the patent Director, Office of the Chief Technology cannot be reassigned. Instead, the new
application publication should not be Officer, United States Patent and owner of the trademark application or
overlooked. Trademark Office, P.O. Box 1450, registration must apply for a new
Applicants are also advised that the Alexandria, VA 22313–1450. recordal. Manufacturers who record
extended missing parts period does not FOR FURTHER INFORMATION CONTACT:
insignia must notify the USPTO of any
affect the 12-month priority period Requests for additional information changes of address.
provided by the Paris Convention for should be directed to Catherine Cain, This information collection includes
the Protection of Industrial Property Attorney Advisor, Office of the one form, the Application for Recordal
(Paris Convention). Accordingly, in Commissioner for Trademarks, United of Insignia or Renewal/Reactivation of
most cases, any foreign filings must still States Patent and Trademark Office, Recordal Under the Fastener Quality
be made within 12 months of the filing P.O. Box 1450, Alexandria, VA 22313– Act (PTO–1611), which provides
date of the provisional application if the 1450; by telephone at 571–272–8946; or manufacturers with a convenient way to
applicant wishes to rely on the by email to Catherine.Cain@uspto.gov submit a request for the recordal of a
provisional application in the foreign- with ‘‘0651–0028 comment’’ in the fastener insignia or to renew or
subject line. Additional information reactivate an existing Certificate of
filed application or if protection is
about this collection is also available at Renewal.
desired in a country requiring filing
within 12 months of the earliest http://www.reginfor.gov under The public uses this information
application for which rights are left ‘‘Information Collection Review.’’ collection to comply with the insignia
outstanding in order to be entitled to SUPPLEMENTARY INFORMATION: recordal provisions of the FQA. The
priority. USPTO uses the information in this
daltland on DSKBBV9HB2PROD with NOTICES
I. Abstract collection to record or renew insignias
For additional reminders, see Pilot Under Section 5 of the Fastener under the FQA and to maintain the
Program for Extended Time Period To Quality Act (FQA) of 1999, 15 U.S.C. Fastener Insignia Register, which is
Reply to a Notice to File Missing Parts 5401 et seq., certain industrial fasteners open for public inspection and is
of Nonprovisional Application, 75 FR must bear an insignia identifying the updated quarterly. The public may
76401, 76405 (Dec. 8, 2010), 1362 Off. manufacturer. It is also mandatory for download the Fastener Insignia Register
Gaz. Pat. Office 44, 50 (Jan. 4, 2011). manufacturers of fasteners covered by from the USPTO website.
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![1246 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices
III. Method of Collection Estimated Number of Respondents: 96 Estimated Total Annual Respondent
By mail, facsimile, hand delivery, or responses per year. (Hourly) Cost Burden: $4,640.00. The
electronic submission to the USPTO. Estimated Time per Response: The USPTO estimates that a
USPTO estimates that it will take the paraprofessional will complete these
III. Data public approximately 20 minutes (0.33 applications. The professional hourly
OMB Number: 0651–0028. hours) to gather the necessary rate for a paraprofessional is $145. The
IC Instruments and Forms: PTO–1611. information, prepare the form, and rate is established by estimates in the
Type of Review: Revision of a submit the request for recordal or 2016 Report on the Economic Survey,
Previously Existing Information renewal of a fastener insignia to the published by the Committee on
Collection. USPTO. Economics of Legal Practice of the
Affected Public: Businesses or other Estimated Total Annual Respondent American Intellectual Property Law
for-profits. Burden Hours: 32 hours. Association.
Estimated an-
Estimated time Estimated an- Estimated an- nual hourly
IC No. Item for responses nual re- nual burden Rate cost
(hours) sponses cost ($)
(a) (b) (c) (d) (e)
(a) × (b) (c) × (d)
1 ............... Applications for Recordal of Insignia or Re- 0.33 96 32 $145.00 $4,640.00
newal/Reactivation of Recordal Under the
Fastener Quality Act.
Totals ........................................................................ ........................ 96 32 ........................ 4,640.00
Estimate Total Annual Non-hour Customers may incur postage costs for a first-class, 1-ounce large envelope
Respondent Cost Burden: $2,121.96. when submitting some of the items is $0.98. Therefore, the USPTO
There are no capital start-up, covered by this collection to the USPTO estimates that the postage costs for the
recordkeeping, or maintenance costs by mail. The USPTO expects that mailed submissions in this collection
associated with this information approximately 98% of the response in will total $1.96.
collection. However, this collection this collection will be submitted There are two filing fees associated
does have annual (non-hour) costs in electronically. Of the remaining 2%, with this collection, which total
the form of filing fees and postage costs. will be submitted by mail for a total of $2,120.00. These fees are detailed in the
2 mailed submissions. The average cost table below.
Filing fee
IC No. Items Responses Filing fee costs
1a ........................ Filing an application for recordal of insignia or renewal/reactivation of 96 $20.00 $1,920.00
recordal.
1b ........................ Surcharge for filing six months after the expiration date—Filing an appli- 10 20.00 200.00
cation for recordal of insignia or renewal/reactivation of recordal.
Totals ........... ..................................................................................................................... 106 ........................ 2,120.00
Therefore, the USPTO estimates that and cost) of the proposed collection of DEPARTMENT OF ENERGY
the total annual (non-hour) cost burden information;
for this collection in the form of filing Fusion Energy Sciences Advisory
(c) Ways to enhance the quality,
fees ($2,120.00) and postage costs Committee (FESAC); Meeting
utility, and clarity of the information to
($1.96) is $2,121.96 per year. be collected; and AGENCY: Department of Energy, Office of
IV. Request for Comments (d) Ways to minimize the burden of Science.
the collection of information on ACTION: Notice of open meeting.
Comments submitted in response to
this notice will be summarized or respondents, e.g., the use of automated SUMMARY: This notice announces a
included in the request for OMB collection techniques or other forms of meeting of the Fusion Energy Sciences
approval of this information collection. information technology. Advisory Committee (FESAC). The
They also will become a matter of Marcie Lovett, Federal Advisory Committee Act
public record. requires that public notice of these
Records and Information Governance
Comments are invited on: Division Director, OCTO, United States Patent meetings be announced in the Federal
daltland on DSKBBV9HB2PROD with NOTICES
(a) Whether the proposed collection of and Trademark Office. Register.
information is necessary for the proper [FR Doc. 2018–00264 Filed 1–9–18; 8:45 am] DATES:
performance of the functions of the February 1, 2018—8:30 a.m. to 5:00 p.m.
BILLING CODE 3510–16–P
agency, including whether the February 2, 2018—8:30 a.m. to 12:00
information shall have practical utility; noon.
(b) The accuracy of the agency’s ADDRESSES:Gaithersburg Marriott
estimate of the burden (including hours Washingtonian Center, 9751
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Document Created: 2018-10-26 09:32:54
Document Modified: 2018-10-26 09:32:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Proposed extension of an existing information collection; comment request. | |
| Dates | Written comments must be submitted on or before March 12, 2018. | |
| 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.'' | |
| FR Citation | 83 FR 1245 |
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