View Information Collection Request (ICR) Package

OMB Control No: 0651-0050	ICR Reference No: 201910-0651-005
Status: Historical Active	Previous ICR Reference No: 201707-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Response to Office Action and Voluntary Amendment Forms (formerly Electronic Response to Office Action and Preliminary Amendment Forms)
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: 02/05/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/30/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2020	09/30/2020	09/30/2020
Responses	472,313	0	472,313
Time Burden (Hours)	265,726	0	266,187
Cost Burden (Dollars)	98,244	0	113,058

Abstract: This collection of information is required by 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 such marks, or intend to use such marks, in interstate commerce may file an application to register their marks with the United States Patent and Trademark Office (USPTO). In some cases, the USPTO issues Office Actions to applicants who have applied for a trademark application, requesting additional information that was not provided with the initial submission but is required before the issuance of a registration. Also, the USPTO may determine that a mark is not entitled to registration, pursuant to one or more provisions of the Trademark Act. In such cases, the USPTO will issue an Office Action advising the applicant of the refusal to register the mark. Applicants reply to these Office Actions by providing the required information and/or by putting forth legal arguments as to why the refusal of registration should be withdrawn. The USPTO administers the Trademark Act through Chapter 37 of the Code of Federal Regulations. These rules allow the USPTO to request and receive information required to process applications. These rules also allow applicants to submit certain amendments to their applications. Applicants may also supplement their applications and provide further information by filing a Voluntary Amendment Not in Response to USPTO Office Action/Letter, a Request for Reconsideration after Final Office Action, a Post-Publication Amendment, a Petition to Amend Basis Post-Publication, and a Suspension Inquiry or Letter of Suspension, or by submitting a Substitute Trademark/Servicemark, Substitute Certification Mark, or Substitute Collective Membership Mark application. Thus, this collection includes information that was not submitted with the initial application and is needed by the USPTO to review applications for trademark registration.

Authorizing Statute(s): US Code: 15 USC 1061 and 1062 Name of Law: Trademark Act
   US Code: 15 USC 1056 Name of Law: Trademark Act
   US Code: 15 USC 1053 and 1054 Name of Law: Trademark Act
   US Code: 15 USC 1051 Name of Law: Trademark Act
   US Code: 15 USC 1091 Name of Law: Trademark Act
   US Code: 15 USC 1094 and 1095 Name of Law: Trademark Act
   US Code: 15 USC 1126 Name of Law: Trademark Act
   US Code: 15 USC 1141 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:
	82 FR 22519	05/16/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 34506	07/25/2017
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	472,313	472,313	0
Annual Time Burden (Hours)	265,726	266,187	-461
Annual Cost Burden (Dollars)	98,244	113,058	-14,814

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: IC lines are being modified to account for rule making actions which result in the reduction in the estimated numbers of paper based fillers and therefore a reduction in postage costs associated with mailing items to USPTO and burden hour due to faster submission process using electronic forms.

Annual Cost to Federal Government: $3,396,389

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. Yes

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 catherine.cain@uspto.gov

View ICR - OIRA Conclusion