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View ICR - OIRA Conclusion

OMB Control No: 0651-0055	ICR Reference No: 201610-0651-002
Status: Historical Active	Previous ICR Reference No: 201505-0651-008
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Registration (Trademark Processing)
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: 01/12/2017
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	07/31/2018	07/31/2018	07/31/2018
Responses	568,654	0	185,047
Time Burden (Hours)	48,333	0	43,096
Cost Burden (Dollars)	131,060,068	0	54,392,518

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.

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	568,654	185,047	383,607
Annual Time Burden (Hours)	48,333	43,096	5,237
Annual Cost Burden (Dollars)	131,060,068	54,392,518	76,667,550

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The request is to update the fees attached to this collection that are affected by the rulemaking NPRM 0651-AD08, and also to incorporate fees were not counted in previous approvals. Respondent numbers are also changing due to agency discretion in conjunction with the rule. There are 26 fees being added to this collection that were not previously counted. The incorporation of these fees will affect the number of respondents for certain items, resulting in an increase in hourly burden and cost. These changes reflect the general shift and agency incentives towards electronic filing, and away from paper filing.