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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0651-0009
ICR Reference No:
200806-0651-004
Status:
Historical Active
Previous ICR Reference No:
200507-0651-001
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Applications for Trademark Registration
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
12/03/2008
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/18/2008
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2011
36 Months From Approved
12/31/2008
Responses
291,859
0
253,801
Time Burden (Hours)
84,821
0
74,593
Cost Burden (Dollars)
91,050,433
0
82,377,000
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 who use their marks, or intend to use their marks in commerce, may file an application with the USPTO to register their marks. The implementing rules are set forth in 37 CFR Part 2. Trademarks can be registered on either the Principal or Supplemental Registers. Individuals or businesses may file their applications in paper or electronically through the Trademark Electronic Application System (TEAS). This collection is a matter of public record, and is used by the public for a variety of private business purposes related to establishing and enforcing trademark rights.
Authorizing Statute(s):
US Code:
35 USC 41
US Code:
15 USC 1126 (d) and (e)
US Code:
15 USC 1051 through 1054
US Code:
15 USC 1061 and 1062
US Code:
15 USC 1091
US Code:
15 USC 1094
US Code:
15 USC 1095
US Code:
15 USC 1126
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
73 FR 13211
03/12/2008
30-day Notice:
Federal Register Citation:
Citation Date:
73 FR 33065
06/11/2008
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
9
IC Title
Form No.
Form Name
Application for Registration of Trademark/Service Mark under 44(d) and (e) (Collective, Collective Membership, Certification Mark)
PTO Form 1478(a), PTO Form 4.9, PTO Form 4.8, PTO Form 1478
Trademark/Service Mark Application (15 U.S.C. 1051, 1126 (d) & (e) under 44 (d) & (e)
,
Certification Mark Application (15 U.S.C 1051, 1126 (d) & (e) under 44 (d) & (e)
,
Collective Membership Mark Application (1051, 1126 (d) & (e) under 44 (d) & (e)
,
Collective Trademark/Service Mark Application (15 U.S.C. 1051, 1126 (d) & (e) under 44 (d) & (e)
Intent to Use Trademark/Service Mark Application (Collective, Collective Membership, Certification Mark)
PTO Form 4.8, PTO Form 4.9, PTO Form 1478(a), PTO Form 1478
Intent to Use Collective Membership Mark Application (15 U.S.C 1051, 1126 (d) & (e)
,
Intent to Use Certification Mark Application (15 U.S.C. 1051, 1126 (d) & (e)
,
Intent to Use Trademark/Service Mark Application (15 U.S.C. 1051, 1126(d) & (e)
,
Intent to Use Collective Trademark/Service Mark Application (15 U.S.C. 1051, 1126(d) & (e)
TEAS Application for Registration of Trademark/Service Mark under 44(d) (e) (Collective, Collective Membership, Certification Mark)
PTO Form 1478, PTO Form 4.9, PTO Form 4.8, PTO Form 1478(a)
Trademark/Service Mark Application, Principal Register (44(d) & (e)
,
Collective Trademark/Servicemark Form, Principal Register (44(d) & (e)
,
Collective Membership Mark Form, Principal Register
,
Certification Mark Form, Principal Register
TEAS Intent to Use Trademark/Service Mark Application (Collective, Collective Membership, Certification Mark)
PTO Form 4.8, PTO Form 1478, PTO Form 1478(a), PTO Form 4.9
Trademark/Service Mark Application, Principal Register
,
Collective Trademark/Servicemark Form, Principal Register
,
Collective Membership Mark Form, Principal Register
,
Certification Mark Form, Principal Register
TEAS Plus Application for Registration of Trademark/Service Mark under 44(d) and (e)
PTO Form 1478
Trademark/Service Mark Application, Principal Register (TEAS Plus Application)
TEAS Plus Intent to Use Trademark/Service Mark Application
PTO Form 1478
Trademark/Service Mark Application, Principal Register TEAS Plus Application
TEAS Plus Use-Based Trademark/Service Mark Application
PTO Form 1478
Trademark/Service Mark Application, Principal Register TEAS Plus Application
TEAS Use-Based Trademark/Service Mark Application (Collective, Collective Membership, Certification)
PTO Form 1478(a), PTO Form 4.9, PTO Form 1478, PTO Form 4.8, 1478
Trademark/Servicemark Form, Supplemental Register
,
Trademark/Service Mark Application, Principal Register
,
Certification Mark Form, Principal Register
,
Collective Trademark/Servicemark Form, Principal Register
,
Collective Membership Mark Form, Principal Register
Use-Based Trademark/Service Mark Application (Collective, Collective Membership, Certification Mark)
PTO Form 1478, PTO Form 1478(a), PTO Form 4.8, PTO Form 4.9
Use-Based Collective Membership Mark Application (15 U.S.C. 1051, 1126(d) & (e)
,
Use-Based Certification Mark Application (15 U.S.C. 1051, 1126(d) & (e)
,
Use-Based Trademark/Service Mark Application (15 U.S.C. 1051, 1126(d) &(e)
,
Use-Based Collective Trademark/Service Mark Application (15 U.S.C. 1051, 1126 (d) & (e)
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
291,859
253,801
0
0
38,058
0
Annual Time Burden (Hours)
84,821
74,593
0
0
10,228
0
Annual Cost Burden (Dollars)
91,050,433
82,377,000
0
0
8,673,433
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The USPTO believes that the total burden hours for this collection will increase because more trademark applications will be submitted. The USPTO believes that this will also increase the total annual (non-hour) costs for the collection. Because more individuals are filing electronically, the USPTO believes that there will be a reduction in the postage costs. The USPTO also expects a decrease in the processing fee costs. However, these reductions are offset by the increases in the total number of submissions.
Annual Cost to Federal Government:
$608,533
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Janis Long 571 272-9573
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
06/18/2008