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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:
0651-0056
ICR Reference No:
202002-0651-005
Status:
Active
Previous ICR Reference No:
201910-0651-008
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Trademark Submissions Regarding Correspondence and Regarding Attorney Representation
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
07/01/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/30/2020
Terms of Clearance:
Supporting statement updated during review with responses to public comment.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2024
36 Months From Approved
06/30/2021
Responses
204,323
0
84,291
Time Burden (Hours)
50,437
0
7,836
Cost Burden (Dollars)
1,369
0
41
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 business may also submit various communications to the USPTO regarding their pending applications or registered trademarks, including providing additional information needed to process a pending application, filing amendments to the applications, or filing the papers necessary to keep a trademark in force. In the majority of circumstances, individuals and business retain attorneys to handle these matters. As such, these parties may also submit communications to the USPTO regarding the appointment of attorneys to represent applicants or registrants in the application and post-registration processes or, in the case of applicants or registrants who are not domiciled in the United States, the appointment of domestic representatives on whom may be served notices of process in proceedings affecting the mark, the revocation of an attorney’s or domestic representative’s appointment, and requests for permission to withdraw from representation. The rules implementing the Act are set forth in 37 CFR Part 2. In addition to governing the registration of trademarks, the Act and rules also govern the appointment and revocation of attorneys and domestic representatives and provide the specifics for filing requests for permission to withdraw as the attorney of record. The information in this collection is available to the public. The information in this collection can be submitted in paper form or electronically through the Trademark Electronic Application System (TEAS). The information in this collection can be collected in three different formats: paper format, electronically using TEAS forms with dedicated data fields, or electronically using the TEAS Global Form format. The TEAS Global Form format permits the USPTO to collect information electronically when a TEAS form having dedicated data fields is not yet available. This collection currently has two TEAS forms and two TEAS Global Forms. There are no official paper forms for the items in this collection. Individuals and businesses can submit their own paper forms, following the USPTO’s rules and guidelines to ensure that all of the necessary information is provided.
Authorizing Statute(s):
US Code:
15 USC 1051
Name of Law: Lanham Act of 1946
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0651-AD30
Final or interim final rulemaking
84 FR 31498
07/02/2019
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
85 FR 60973
09/29/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 76540
11/30/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
Replacement of Attorney of Record with Another Already Appointed Attorney (Individuals and Households)
PTO 2300
Change Address or Representation Form
Replacement of Attorney of Record with Another Already Appointed Attorney (Private Sector)
PTO 2300
Change Address or Representation Form
Request for Permission to Withdraw as Attorney of Record (Individuals and Households)
PTO 2201
Request to Withdrawal of Attorney of Records
Request for Permission to Withdraw as Attorney of Record (Private Sector)
PTO 2201
Request to Withdraw as Attorney of Record
Request to Withdraw as Domestic Representative (Individuals and Households)
PTO 2300
Change Address or Representation Form
Request to Withdraw as Domestic Representative (Private Sector)
PTO 2300
Change Address of Representation Form
Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative (Individuals and Households)
PTO 2300
Change Address or Representation Form
Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative (Private Sector)
PTO 2300
Change Address or Representation Form
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
204,323
84,291
0
0
120,032
0
Annual Time Burden (Hours)
50,437
7,836
0
0
42,601
0
Annual Cost Burden (Dollars)
1,369
41
0
0
1,328
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The estimated total responses for this information collection has increased by 120,032 (from 84,291 to 204,323) and the estimated total burden hours have increased by 42,601 (from 7,836 to 50,437) from the currently approved burden for this information collection. These changes are due to the following adjustments: • Increase in response estimates is based on recent Agency estimates of respondents using these processes. An increase (doubling the 2017 estimates) in usage of the change address and representation process processes are the primary drivers of change to this information collection. • Increase in the cost estimates is due to a change in the postal rates ($0.49 increasing to $8.05) being associated with mailings within this information collection.
Annual Cost to Federal Government:
$666,889
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.
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?
No
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:
11/30/2020
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