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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:
0651-0055
ICR Reference No:
202109-0651-003
Status:
Active
Previous ICR Reference No:
201807-0651-003
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Trademark Post Registration
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:
01/05/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/25/2021
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2025
36 Months From Approved
01/31/2022
Responses
219,694
0
204,362
Time Burden (Hours)
113,620
0
55,666
Cost Burden (Dollars)
89,646,740
0
89,011,276
Abstract:
The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. ยง 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. This information collection covers various communications submitted by individuals and businesses to the USPTO occurring after registration of a trademark. One type of communication is a request to amend registrations to delete goods or services that are no longer being used by the registrant or registration owner. Registered marks remain on the register for 10 years and can be renewed, but will be cancelled unless the registration owner files with the USPTO a declaration attesting to the continued use (or excusable non-use) of the mark in commerce, and a renewal application, within specific deadlines. Registration owners may also request to amend or divide a registration, respond to a post-registration Office action, and surrender a registration. The information in this information collection is used to maintain the quality of the trademark register. The register information may be accessed by an individual or by businesses to determine the availability of a mark. By keeping the register current and accurate, parties may reduce the possibility of initiating use of a mark previously adopted by another.
Authorizing Statute(s):
US Code:
15 USC 1051
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:
0651-AD42
Final or interim final rulemaking
85 FR 73197
11/17/2020
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
86 FR 26015
05/12/2021
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 58893
10/25/2021
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
17
IC Title
Form No.
Form Name
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Individuals or Households)
PTO 1583
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Private Sector)
PTO 1583
TEAS Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Individuals or Households)
PTO-1963
Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Private Sector)
PTO-1963
TEAS Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Declaration of Incontestability of a Mark Under Section 15 (Individuals or Households)
PTO-1573
Declaration of Incontestability of a Mark under Section 15
Declaration of Incontestability of a Mark Under Section 15 (Private Sector)
PTO-1573
Declaration of Incontestability of a Mark Under Section 15
Declaration of Use of Mark in Commerce Under Section 8 (Individuals or Households)
PTO-1563
Declaration of Use of Mark in Commerce Under Section 8
Declaration of Use of a Mark in Commerce Under Section 8 (Private Sector)
PTO-1563
Declaration of Use of Mark in Commerce Under Section 8
Request to Divide Registration (Individuals or Households)
PTO-2310
Request to Divide
Request to Divide Registration (Private Sector)
PTO-2310
Request to Divide
Response to Office Action for Post-Registration Matters (Individuals or Households)
PTO-2302
Response to Office Action for Post-Registration Matters
Response to Office Action for Post-Registration Matters (Private Sector)
PTO-2302
Response to Office Action for Post-Registration Matters
Section 12(c) Affidavit (Private Sector)
PTO-2311
Section 12(c) Affidavit
Section 12(c) Affidavit (paper)
Section 7 Request (Individuals or Households)
PTO-1597
Section 7 Request
Section 7 Request (Private Sector)
PTO-1597
Section 7 Request
Surrender of Registration for Cancellation (Individuals or Households)
PTO-2309
Surrender of Registration for Cancellation
Surrender of Registration for Cancellation (Private Sector)
PTO-2309
Surrender of Registration for Cancellation
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
219,694
204,362
0
0
15,332
0
Annual Time Burden (Hours)
113,620
55,666
0
0
57,954
0
Annual Cost Burden (Dollars)
89,646,740
89,011,276
0
1,707,679
-1,072,215
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 Respondents and Hourly Burden due to Adjustment in Agency Estimate: The total number of respondents has increased by 15,332 due to estimated fluctuations in the number of responses/submissions in this information collection. This increase in the number of respondents and responses results in an increase of 57,954 hours in the annual time burden estimates. Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate: For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $1,072,215 from the previous approval. This decrease is due to estimated fluctuations in submissions for items that require a fee and a decrease in the number of respondents submitting their information by mail. Change in Annual (Non-hour) Costs due to Program Change due to Agency Discretion: This renewal request incorporates changes in fee amounts that were included in 0651-AD42 (85 FR 222). The USPTO estimates that these new fee amounts result in $1,707,679 in non-hour cost burdens.
Annual Cost to Federal Government:
$2,285,297
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
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:
10/25/2021