SUPPLEMENTARY INFORMATION:

I. Abstract

This collection of information is required by the Trademark Act, 15 U.S.C. 1051 et seq., which provides for the registration of trademarks, service marks, collective trademarks and collective service marks, collective membership marks, and certification marks. Individuals and business that use or intend to use such marks in commerce may file an application to register their marks 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 service 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 was abandoned for failure to submit a timely statement of use or extension request. Applicants are allowed to file up to five extension requests over a 30-month period. The USPTO estimates that the average applicant will file two extension requests per year. In some circumstances, an applicant may expressly abandon an application by filing a request for withdrawal of the application.

The rules implementing the Trademark Act are set forth in 37 CFR part 2. These rules mandate that each trademark 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 business 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. As a result, the federal trademark registration process is intended to reduce unnecessary litigation and its accompanying costs and burdens.

The information in this collection is used to process the substantive submissions made during prosecution of a trademark application. The submissions in this information collection are a matter of public record and are used by the public for a variety of private business purposes related to establishing and enforcing trademark rights. The information is accessible online, through the USPTO website, as well as through various USPTO facilities.

II. Method of Collection

Items in this information collection must be submitted as electronic submissions. In limited circumstances, applicants may be permitted to submit the information in paper form by mail or hand delivery.

III. Data

OMB Control Number: 0651-0054.

Forms:

• PTO-1553 (Allegation of Use (Statement of Use/Amendment to Allege Use))
• PTO-1554 (Request to Divide Application)
• PTO-1555 (Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action)
• PTO-1556 (Response to Petition to Revive Deficiency Letter)
• PTO-1557 (Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services/Collective Membership Organization after NOA)
• PTO-1581 (Request for Extension of Time to File a Statement of Use)
• PTO-2194 (Petition to Revive Abandoned Application—Failure to Respond Timely to Office Action)
• PTO-2195 (Petition to Revive Abandoned Application—Failure to File Timely Statement of Use or Extension Request)
• PTO-2200 (Request to Delete Section 1(B) Basis, Intent to Use)
• PTO-2202 (Request for Express Abandonment (Withdrawal) of Application)
• PTO-2301 (Petition to Director)

( printed page 55324)

Type of Review: Extension and revision of a currently approved information collection.

Affected Public: Private sector.

Respondent's Obligation: Required to obtain or retain benefits.

Frequency: On occasion.

Estimated Number of Annual Respondents: 314,085 respondents.

Estimated Number of Annual Responses: 444,085 responses.

Estimated Time per Response: The USPTO estimates that the responses in this information collection will take the public approximately 10 minutes (0.17 hours) to 70 minutes (1.17 hours) to complete. This includes the time to gather the necessary information, create the document, and submit the completed item(s) to the USPTO.

Estimated Total Annual Respondent Burden Hours: 324,612 hours.

Estimated Total Annual Respondent Hourly Cost Burden: $178,536,600.

Estimated Total Annual Respondent Non-hourly Cost Burden: $61,747,125. There are no capital start-up costs, maintenance costs, or recordkeeping costs associated with this information collection. However, the USPTO estimates that the total annual non-hourly cost burden for this information collection, in the form of filing fees and postage, is $61,747,125.

Filing Fees

The fees associated with submitting items in this information collection are outlined in Table 2 below: ( printed page 55325)

Postage Costs

The USPTO requires that the items in this information collection be submitted electronically. In very limited circumstances, responses may be submitted by hand or by mail through the United States Postal Service. The USPTO estimates that 100 items in this information collection will be submitted in themail. The USPTO estimates that the average postage cost for a mailed submission, using a Priority Mail legal flat-rate envelope, will be $13.25. Therefore, the USPTO estimates the total mailing cost for this information collection is $1,325.

IV. Request for Comments

The USPTO is soliciting public comments to:

(a) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;

(b) Evaluate the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used;

(c) Enhance the quality, utility, and clarity of the information to be collected; and

(d) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

All comments submitted in response to this notice are a matter of public record. The USPTO will include or summarize each comment in the request to OMB to approve this information collection. Before including an address, phone number, email address, or other personally identifiable information (PII) in a comment, be advised that the entire comment—including PII—may be made publicly available at any time. While one may request in a comment to withhold PII from public view, the USPTO cannot guarantee that it will be able to do so.

91 FR 55323