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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:
202012-0651-003
Status:
Historical Active
Previous ICR Reference No:
201910-0651-010
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Substantive Submissions Made During Prosecution of the Trademark Application
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:
03/01/2021
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/31/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2024
36 Months From Approved
02/28/2021
Responses
337,382
0
375,132
Time Burden (Hours)
211,639
0
101,466
Cost Burden (Dollars)
39,702,140
0
42,665,447
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 mark with the USPTO. Such individuals and businesses may also submit various communications to the USPTO during the prosecution of an application. This information collection covers the various communications that may be submitted by the applicant, including providing additional information needed to process a request to delete a particular filing basis from an application or to divide an application identifying multiple goods and/or services into two or more separate applications. This information collection also covers requests for a 6-month extension of time to file a statement that the mark is in use in commerce or petitions to revive an application that abandoned for failure to submit a timely response to an office action or a timely statement of use or extension request. This information collection also covers circumstances in which an applicant may expressly abandon an application by filing a written request for withdrawal of the application.
Authorizing Statute(s):
US Code:
15 USC 1051(d)(1-4)
Name of Law: Lanham Trademark Act of 1946
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:
85 FR 67522
10/23/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 86909
12/31/2020
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
21
IC Title
Form No.
Form Name
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Individuals and Households)
Form 2195
TEAS Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Private Sector)
PTO-2195
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: (Individuals and Households)
Form 2194
TEAS Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action: (Private Sector)
Form 2194
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 (TEAS Global): (Individuals and Households)
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA: (Private Sector)
Petition to the Director Under Trademark Rule 2.147 (Paper)
Petition to the Director Under Trademark Rule 2.147 (TEAS)
Petition to the Director: (Individuals and Households)
Petition to the Director: (Private Sector)
Request for Express Abandonment (Withdrawal) of Application: (Individuals and Households)
Form 2202
TEAS Request for Express Abandonment (Withdrawal) of Application
Request for Express Abandonment (Withdrawal) of Application: (Private Sector)
Form 2202
Request for Express Abandonment (Withdrawal) of Application
Request for Extension of Time to File a Statement of Use: (Individuals and Households)
PTO Form 1581
TEAS Request for Extension of Time to File a Statement of Use
Request for Extension of Time to File a Statement of Use: (Private Sector)
PTO Form 1581
Request for Extension of Time to File a Statement of Use
Request to Delete Section 1(b) Basis, Intent to Use: (Individuals and Households)
Form 2200
TEAS Request to Delete Section 1(b) Basis, Intent to Use
Request to Delete Section 1(b) Basis, Intent to Use: (Private Sector)
PTO-2200
Request to Delete Section 1(b) Basis, Intent to Use
Request to Divide Application (TEAS Global): (Individuals and Households)
Request to Divide Application: (Private Sector)
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 Intent-to-Use (ITU) Divisional Unit Office Action: (Private Sector)
Response to Petition to Revive Deficiency Letter (TEAS Global) (Individuals and Households)
Response to Petition to Revive Deficiency Letter: (Private Sector)
Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Individuals and Households)
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): (Private Sector)
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
337,382
375,132
0
0
-37,750
0
Annual Time Burden (Hours)
211,639
101,466
0
0
110,173
0
Annual Cost Burden (Dollars)
39,702,140
42,665,447
0
0
-2,963,307
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:
Change in respondent hour burden: For this renewal, the USPTO estimates that the annual responses will decrease by 37,750 (from 375,132 to 337,382) and the total burden hours will increase by 110,173 (from 101,466 to 211,639) from the currently approved burden for this information collection. These changes are due to Agency estimates: • Decreases in the estimated number of responses due to Agency estimates regarding the natural fluctuation in the volume of trademark submissions. • Increases in estimated burden hours due to increasing estimate of time to complete various items in the information collection. The total estimated burden hours have increased from 101,466 in the 2017 renewal to 211,639 for the current renewal due to overall increases in estimated annual responses. Changes in annual (non-hour) costs For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $3,111,707 (from $ 42,813,847 to $39,702,140). This decrease is due to the reduction in the estimate of trademark submissions.
Annual Cost to Federal Government:
$2,689,992
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?
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:
12/31/2020
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