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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:
202401-0651-002
Status:
Active
Previous ICR Reference No:
202012-0651-003
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:
04/19/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/28/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2027
36 Months From Approved
04/30/2024
Responses
373,293
0
337,382
Time Burden (Hours)
265,556
0
211,639
Cost Burden (Dollars)
43,517,005
0
39,702,140
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:
88 FR 84132
12/04/2023
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 14634
02/28/2024
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
11
IC Title
Form No.
Form Name
Allegation of Use (Statement of Use/Amendment to Allege Use)
PTO 1553
Allegation of Use (Statement of Use/Amendment to Allege Use)
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
PTO 2195
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: (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 Respond Timely to Office Action
PTO 2194
Petition to Revive Abandoned Application – Failure to Respond Timely to Office Action
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 with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA
PTO 1557
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services/Collective Membership Organization After NOA
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 the Director
PTO 2301
Petition to Director
Petition to the Director: (Individuals and Households)
Request for Express Abandonment (Withdrawal) of Application
PTO 2202
Request for Express Abandonment (Withdrawal) of Application
Request for Express Abandonment (Withdrawal) of Application: (Individuals and Households)
Form 2202
TEAS Request for Express Abandonment (Withdrawal) of Application
Request for Extension of Time to File a Statement of Use
PTO 1581
Request for Extension of Time to File a Statement of Use
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 to Delete Section 1(b) Basis, Intent to Use
PTO 2200
Request to Delete Section 1(b) Basis, Intent to 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 Divide Application
PTO 1554
Request to Divide Application
Request to Divide Application (TEAS Global): (Individuals and Households)
Response to Intent-to-Use (ITU) Divisional Unit Office Action
PTO 1555
Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action
Response to Petition to Revive Deficiency Letter
PTO 1556
Response to Petition to Revive Deficiency Letter
Response to Petition to Revive Deficiency Letter (TEAS Global) (Individuals and Households)
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)
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
373,293
337,382
0
0
35,911
0
Annual Time Burden (Hours)
265,556
211,639
0
0
53,917
0
Annual Cost Burden (Dollars)
43,517,005
39,702,140
0
0
3,814,865
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 35,911 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 53,917 hours in the annual time burden estimates. Changes in Annual (Non-hour) Costs Due to Adjustment in Agency Estimate The total number of annual non-hour costs has increased by $3,814,865 due to the estimated fluctuations in the number of responses/submission in this information collection.
Annual Cost to Federal Government:
$4,589,081
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:
02/28/2024
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