SUPPLEMENTARY INFORMATION:

Title: Trademark Trial and Appeal Board (TTAB) Actions.

OMB Control Number: 0651-0040.

Abstract: The USPTO administers the Trademark Act of 1946, 15 U.S.C. 1051 et seq., as amended, which provides for the federal registration of trademarks, service marks, collective 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. Section 13 of the Trademark Act, 15 U.S.C. 1063, allows individuals and entities who believe that they would be damaged by the registration of a mark to file an opposition to the registration of the mark and to file a request for an extension of time to file an opposition. Section 14 of the Trademark Act, 15 U.S.C. 1064, allows individuals and entities to file a petition to cancel a registration of a mark. Section 20 of the Trademark Act, 15 U.S.C. 1070, allows individuals and entities to appeal any final decision of the examiner in charge of the registration of marks or a final decision by an examiner in an ex parte expungement proceeding or ex parte reexamination proceeding.

The USPTO administers certain provisions of the Trademark Act of 1946 through the regulations at 37 CFR part 2, which contains the various rules that govern the filings identified above and other submissions filed in connection with inter partes and ex parte proceedings. These petitions, notices, extensions, and additional papers are filed with the Trademark Trial and Appeal Board (TTAB), an administrative tribunal empowered to determine the right to register and subsequently determine the validity of a trademark. The information in this collection must be submitted electronically through TTAB's electronic filing system. If applicants or entities wish to submit the petitions, notices, extensions, and additional papers in inter partes and ex parte proceedings, they may use the forms provided through the TTAB's electronic filing system. This information collection includes the items needed for individuals or entities to file inter partes and ex parte proceedings regarding federal registration of their trademarks or service marks.

Information is collected pursuant to the provisions of the Trademark Act of 1946. The responses 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. This information is important to the public, as both common law trademark owners and federal trademark registrants must actively protect their own rights.

Forms:

• PTO-2120 (Notice of Opposition)
• PTO-2151 (Papers inInter Partes Cases)
• PTO-2153 (Request for Extension of Time to File an Opposition)
• PTO-2188 (Petition for Cancellation)
• PTO-2189 (Ex Parte Appeal General Filing)
• PTO-2190 (Notice of Appeal)

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: 44,550 respondents.

Estimated Number of Annual Responses: 76,000 responses.

Estimated Time per Response: The USPTO estimates that the responses to this information collection will take the public approximately 10 minutes (0.17 hours) to 21 hours to complete. This includes the time to gather the necessary information, create the document, and submit the completed item(s) to the USPTO. ( printed page 60939)

Estimated Total Annual Respondent Burden Hours: 1,016,891 hours.

Estimated Total Annual Respondent Non-hourly Cost Burden: $10,725,464. Since the publication of the 60-day notice, the USPTO has updated the postage costs associated with this information collection. The UPTO estimates that the average postage cost for a mailed submission, using a Priority Mail legal flat rate envelope, will be $13.25. The USPTO estimates approximately 35 submissions per year may be mailed to the USPTO, for an estimated total postage cost of $464 per year. This results in a decrease of $303 in non-hourly cost burden, for a new estimated total annual respondent non-hourly cost burden of $10,725,464.

91 FR 60938