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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:
201109-0651-001
Status:
Historical Active
Previous ICR Reference No:
200806-0651-004
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:
12/06/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/13/2011
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2014
36 Months From Approved
12/31/2011
Responses
380,289
0
291,859
Time Burden (Hours)
132,106
0
84,821
Cost Burden (Dollars)
117,791,578
0
91,050,433
Abstract:
The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 et. seq. and the rules implementing the Act are set forth in 37 CFR Part 2. The Act and the rules provide 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 regulable by Congress, may file an application with the USPTO to register their marks. 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:
15 USC 1126
US Code:
15 USC 1061 through 1063
US Code:
15 USC 1091
US Code:
15 USC 1094 and 1095
US Code:
15 USC 1051 through 1054
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:
76 FR 35411
06/17/2011
30-day Notice:
Federal Register Citation:
Citation Date:
76 FR 63286
10/12/2011
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 (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 under 44)
,
Certification Mark Application (15 U.S.C 1051, 1126 under 44)
,
Collective Membership Mark Application (1051, 1126 under 44)
,
Collective Trademark/Service Mark Application (15 U.S.C. 1051, 1126 under 44)
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 (Collective, Collective Membership, Certification Mark)
PTO Form 1478, PTO Form 4.9, PTO Form 1478(a), PTO Form 4.8
Trademark/Servicemark Application, Principal Register
,
Collective Trademark/Servicemark Form, Principal Register
,
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 1478(a), PTO Form 1478, PTO Form 4.8, PTO Form 4.9
Trademark/Servicemark 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
PTO Form 1478
Trademark/Servicemark Application, Principal Register
TEAS Plus Intent to Use Trademark/Service Mark Application
PTO Form 1478
Trademark/Servicemark Application, Principal Register
TEAS Plus Use-Based Trademark/Service Mark Application
PTO Form 1478
Trademark/Servicemark Application, Principal Register
TEAS Use-Based Trademark/Service Mark Application (Collective, Collective Membership, Certification)
PTO Form 1478, PTO Form 4.8, PTO Form 4.9, PTO Form 1478, PTO Form 1478(a)
Trademark/Servicmark Form, Supplemental Register
,
Trademark/Servicemark Application, Principal Register
,
Collective Trademark/Servicemark Form, Principal Register
,
Collective Membership Mark Form, Principal Register
,
Certification 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
380,289
291,859
0
0
88,430
0
Annual Time Burden (Hours)
132,106
84,821
0
0
47,285
0
Annual Cost Burden (Dollars)
117,791,578
91,050,433
0
0
26,741,145
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:
This collection currently has 291,859 responses, 84,821 burden hours, and $91,050,433 in annualized (non-hour) costs. Due to estimated adjustments in the number of paper submissions, the USPTO estimates that 1,358 hours per year will be reduced from the collection. However, due to estimated increases in the number of electronic submissions, the USPTO estimates that this reduction will be offset an increase of 48,643 hours per year. Therefore, the USPTO estimates an increase of 88,430 responses and 47,285 hours per year due to administrative adjustments. For the non-hour costs, the USPTO estimates that $2,242,155 will be reduced from the collection per year, but expects it to be offset by an increase of $28,983,300 per year due to administrative adjustments. With this renewal, the USPTO estimates that the total burden and annualized (non-hour) costs for this collection will be 380,289 responses, 132,106 burden hours, and $117,791,578 in annualized (non-hour) costs per year.
Annual Cost to Federal Government:
$824,056
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]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Catherine cain 571 272-8946
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:
10/13/2011