View Information Collection Request (ICR) Package

OMB Control No: 0651-0051	ICR Reference No: 202011-0651-007
Status: Active	Previous ICR Reference No: 201902-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Madrid Protocol
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/27/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 04/26/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2025	36 Months From Approved	06/30/2022
Responses	54,082	0	14,691
Time Burden (Hours)	48,671	0	4,878
Cost Burden (Dollars)	21,516,380	0	12,182,389

Abstract: This collection of information is required by the Trademark Act of 1946, 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. 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 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 came into effect in the United States on November 2, 2003, and is implemented under 15 U.S.C. 1141 et seq. and 37 CFR parts 2 and 7. Individuals and businesses that use or intend to use such marks in commerce may file an application to register the marks with the USPTO. Both the register and the information provided in pending applications for registration can be accessed by the public in order to determine the availability of a mark and lessen the likelihood of initiating the use of a mark previously adopted by another.

Authorizing Statute(s): US Code: 15 USC 1141 Name of Law: Trademark Act of 1946, as amended

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:
	87 FR 7430	02/09/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 84284	04/25/2022
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	54,082	14,691	52	39,339
Annual Time Burden (Hours)	48,671	4,878	34	43,759
Annual Cost Burden (Dollars)	21,516,380	12,182,389	1,850	9,332,141

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: No

Burden Reduction Due to:

Short Statement: Program Change Due to Agency Discretion in Annual Number of Responses, Annual Time Burden, and Annual Costs Burden With this renewal, USPTO is adding a new item (Petition for Reinstatement under the provisions section 11.60(c)). This item adds additional responses (+5) and burden hours (+5) to the information collection. This item also has a related fee which adds annual cost burden (+$8,400). Change Due to Adjustment in Agency Estimate in Annual Number of Responses, Annual Time Burden, and Annual Cost Burden For this renewal, the USPTO estimates that the items in this information collection will naturally fluctuate based on respondent need (+2,040 responses and + 1,722 hours). Overall, USPTO is estimating that these adjustments result in fewer annual (non-hour) costs due to respondents filling less items that have associated fees and postage costs (-$1,612).

Annual Cost to Federal Government: $244,225

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. 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? No

Agency Contact: Catherine Cain 571 272-8946 catherine.cain@uspto.gov

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