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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:
0651-0054
ICR Reference No:
201910-0651-010
Status:
Historical Active
Previous ICR Reference No:
201710-0651-004
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Substantive Submissions Made During Prosecution of the Trademark Application
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
12/31/2020
12/31/2020
12/31/2020
Responses
375,132
0
374,972
Time Burden (Hours)
101,466
0
101,401
Cost Burden (Dollars)
42,665,447
0
42,650,869
Abstract:
This collection of information is required by the Trademark Act 15 U.S.C 1051 et seq., which provides for the registration of trademarks; collective trademarks, service marks, 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. The USPTO uses the information described in this collection to process the substantive submissions made during the prosecution of the trademark application. 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 trademark rights.
Authorizing Statute(s):
US Code:
15 USC 1051(d)(1), (2), (4)
Name of Law: Trademark Act 37 CFR Part 2
US Code:
15 USC 1062(b)
Name of Law: Trademark Act 37 CFR Part 2
US Code:
15 USC 1123
Name of Law: Trademark Act 37 CFR Part 2
US Code:
15 USC 1051 (c)
Name of Law: Trademark Act 37 CFR Part 2
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0651-AC41
Final or interim final rulemaking
82 FR 29401
06/29/2017
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
82 FR 34509
07/25/2017
30-day Notice:
Federal Register Citation:
Citation Date:
82 FR 48496
10/18/2017
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
24
IC Title
Form No.
Form Name
Petition to Director Under Trademark Rule 2.146
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (TEAS Global)
TEAS Global Form
Petition to Revive With Request To Delete Section 1(b) Basis Or To Delete ITU Goods/Services After NOA (TEAS Global)
Petition to the Director Under Trademark Rule 2.146 (TEAS Global)
TEAS Global Form
2.146 Petition to the Director
Petition to the Director Under Trademark Rule 2.147 (Paper)
Petition to the Director Under Trademark Rule 2.147 (TEAS)
Request for Express Abandonment (Withdrawal) of Application
Request for Extension of Time to File a Statement of Use
PTO Form 1581
Request for Extension of Time to File a Statement of Use
Request to Delete Section 1(b) Basis, Intent to Use
Request to Divide
Request to Divide Application (TEAS Global)
TEAS Global Form
Request to Divide Application
Response to Intent-to-Use (ITU) Divisional Unit Office Action
Response to Intent-to-Use (ITU) Divisional Unit Office Action (TEAS Global)
TEAS Global Form
Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action
Response to Petition to Revive Deficiency Letter
Response to Petition to Revive Deficiency Letter (TEAS Global)
TEAS Global Form
Response to Petition to Revive Deficiency Letter
TEAS Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
Form 2195
TEAS Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
TEAS Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
Form 2194
TEAS Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
TEAS Request for Express Abandonment (Withdrawal) of Application
Form 2202
TEAS Request for Express Abandonment (Withdrawal) of Application
TEAS Request for Extension of Time to File a Statement of Use
PTO Form 1581
TEAS Request for Extension of Time to File a Statement of Use
TEAS Request to Delete Section 1(b) Basis, Intent to Use
Form 2200
TEAS Request to Delete Section 1(b) Basis, Intent to Use
TEAS Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use)
PTO Form 1553
TEAS Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use)
Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use)
PTO Form 1553
Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use)
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
375,132
374,972
0
160
0
0
Annual Time Burden (Hours)
101,466
101,401
0
65
0
0
Annual Cost Burden (Dollars)
42,665,447
42,650,869
0
14,578
0
0
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 two rule making actions which result in: 1) burden increases due to additional time needed to include attorney information on trademark applications 2) fees burden changes as result of discontinuing certain trademark application options and the modification of current options 3) reduction in the estimated numbers of paper based fillers and therefore a reduction in postage costs associated with mailing items to USPTO
Annual Cost to Federal Government:
$2,340,049
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.
No
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.
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 catherine.cain@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:
01/30/2020
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