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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:
0651-0051
ICR Reference No:
201608-0651-005
Status:
Historical Active
Previous ICR Reference No:
201508-0651-003
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Madrid Protocol
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
01/17/2017
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/27/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2018
12/31/2018
12/31/2018
Responses
46,363
0
16,557
Time Burden (Hours)
5,190
0
4,921
Cost Burden (Dollars)
13,813,980
0
2,175,480
Abstract:
The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”) is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application. The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, administers the international registration system. The Madrid Protocol Implementation Act of 2002 amended the Trademark Act to provide that: (1) the owner of a U.S. application or registration may seek protection of its mark in any of the participating countries by submitting a single international application to the IB through the USPTO and (2) the holder of an international registration may request an extension of protection of the international registration to the United States. The Madrid Protocol became effective in the United States on November 2, 2003, and is implemented under 15 U.S.C. § 1141 et seq. and 37 CFR Part 2 and Part 7. The public uses this collection to submit applications for international registration and related requests to the USPTO under the Madrid Protocol. The information in 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 international trademark rights. The information is available at USPTO facilities and is also accessible through the USPTO Web site.
Authorizing Statute(s):
US Code:
15 USC 1141a, b, d, j(c), k, l, n
US Code:
15 USC 1065
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 52455
08/30/2015
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 72421
11/19/2015
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
21
IC Title
Form No.
Form Name
Affidavit Under §71 of the Act During the Grace Period (electronic)
Affidavit Under §71 of the Act During the Grace Period (paper)
Application Filed at WIPO
MM2
Application for International Registration Governed Exclusively by the Madrid Protocol
Application for International Registration (TEAS)
PTO-2131
Application for International Registration
Application for International Registration (paper)
Application for Subsequent Designation (TEAS)
PTO-2132
Application for Subsequent Designation
Application for Subsequent Designation (paper)
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (TEAS)
PTO-1683
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (paper)
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (TEAS)
PTO-1663
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (paper)
Petition to Director to Review Denial of Certification of International Application (TEAS)
Petition to Director to Review Denial of Certification of International Application (paper)
Replacement Request (TEAS)
Replacement Request (paper)
Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper)
Response to Notice of Irregularity (TEAS)
PTO-2133
Response to Notice of Irregularity
Response to Notice of Irregularity (paper)
Subsequent Designation at WIPO
MM4
Designation Subsequent to the International Registration
Transformation Request (TEAS)
Transformation Request (paper)
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
46,363
16,557
0
29,806
0
0
Annual Time Burden (Hours)
5,190
4,921
0
269
0
0
Annual Cost Burden (Dollars)
13,813,980
2,175,480
0
11,638,500
0
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:
Miscellaneous Actions
Short Statement:
The request is to update the fees attached to this collection that are affected by the rulemaking NPRM 0651-AD08. Respondent numbers are also changing due to agency discretion in conjunction with the rule.
Annual Cost to Federal Government:
$205,689
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:
Marcie Lovett 571 272-8123 marcie.lovett@uspto.gov
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:
10/27/2016
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