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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:
0651-0055
ICR Reference No:
201505-0651-008
Status:
Historical Active
Previous ICR Reference No:
201205-0651-002
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Post Registration (Trademark Processing)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
07/30/2015
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/11/2015
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2018
36 Months From Approved
07/31/2015
Responses
185,047
0
127,636
Time Burden (Hours)
43,096
0
17,951
Cost Burden (Dollars)
54,392,518
0
41,793,847
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 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 requests to amend their registrations to delete goods or services that are no longer being used by the registrant. Registered marks remain on the register for ten years and can be renewed, but will be cancelled unless the owner files with the USPTO a declaration attesting to the continued use (or excusable non-use) of the mark in commerce, and a renewal application, within specific deadlines. Applicants may also request to amend or divide a registration, respond to a post-registration Office action, and surrender a registration. The rules implementing the Act are set forth in 37 CFR part 2. These rules mandate that each 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 by businesses 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. Thus, the Federal trademark registration process may reduce unnecessary litigation and its accompanying costs and burdens.
Authorizing Statute(s):
US Code:
15 USC 1051
Name of Law: Trademark Act
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:
80 FR 14970
03/20/2015
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 32537
06/09/2015
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
18
IC Title
Form No.
Form Name
Amendments and Corrections
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
PTO Form 1583
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15 (TEAS)
PTO Form 1583
TEAS Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
PTO Form 1963
Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9 (TEAS)
PTO Form 1963
TEAS Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Declaration of Incontestability of a Mark Under Section 15
Declaration of Incontestability of a Mark Under Section 15 (TEAS)
PTO Form 1573
Declaration of Incontestability of a Mark Under Section 15
Declaration of Use of Mark in Commerce Under Section 8
PTO Form 1563
Declaration of Use of Mark in Commerce Under Section 8
Declaration of Use of a Mark in Commerce Under Section 8 (TEAS)
PTO Form 1563
Declaration of Use of Mark in Commerce Under Section 8
Request to Divide Registration
Request to Divide Registration (TEAS Global)
Response to Office Action for Post-Registration Matters
Response to Office Action for Post-Registration Matters (TEAS Global)
No Form Number
Response to Office Action for Post-Registration Matters
Section 12(c) Affidavit
Section 12(c) Affidavit (TEAS Global)
Section 7 Request
Section 7 Request (TEAS)
PTO-1597
Section 7 Request
Surrender of Registration for Cancellation
Surrender of Registration for Cancellation (TEAS Global)
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
185,047
127,636
0
-2,562
59,973
0
Annual Time Burden (Hours)
43,096
17,951
0
-1,729
26,874
0
Annual Cost Burden (Dollars)
54,392,518
41,793,847
0
-258,401
12,857,072
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Forms
Short Statement:
The "Amendments and Corrections" IC items was removed from this list, as it is no longer an IC item required by or covered by this collection. The removal of this item caused a burden decrease that contributed to the decline in program change due to agency discretion. The "Request to Divide Registration" (both the TEAS Global and the paper versions) is a new IC item for this collection, which caused a burden increase that factored into the overall program change due to agency discretion. The "Section 12(c) Affidavit" (both the TEAS Global and the paper versions) is a new IC item for this collection, which caused a burden increase that factored into the overall program change due to agency discretion.
Annual Cost to Federal Government:
$800,058
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:
06/11/2015