View Information Collection Request (ICR) Package
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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:
0651-0040
ICR Reference No:
202007-0651-001
Status:
Historical Active
Previous ICR Reference No:
201705-0651-001
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Trademark Trial and Appeal Board (TTAB) Actions
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:
09/30/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/31/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2023
36 Months From Approved
09/30/2020
Responses
83,100
0
78,000
Time Burden (Hours)
21,133
0
15,994
Cost Burden (Dollars)
6,611,606
0
5,766,232
Abstract:
The United States Patent and Trademark Office (USPTO) administers, under the Trademark Act pursuant to 37 CFR Part 2, the various rules that govern the filing of petitions to cancel the registration of a mark, notices of opposition to the registration of a mark, extensions of time to file an opposition, appeals, and other submissions filed in connection with inter partes and ex parte proceedings. These petitions, notices, extensions, and additional submissions are filed with the Trademark Trial and Appeal Board (TTAB). The TTAB decides inter partes cases and ex parte appeals. The TTAB is an administrative tribunal empowered to determine the right to register as the issue may be presented in such cases. The Chief Administrative Trademark Judge, Deputy Chief Administrative Trademark Judge and administrative trademark judges decide proceedings filed with the TTAB. A panel of three judges decides each case when it is ready for final decision on the merits. The TTAB follows the Federal Rules of Civil Procedure when applicable, and the “Trademark Rules” in 37 CFR Part 2.
Authorizing Statute(s):
US Code:
15 USC 1063
Name of Law: 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 31474
05/26/2020
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 45868
07/30/2020
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
6
IC Title
Form No.
Form Name
Papers in Inter Partes Cases: Individuals and Households
PTO 2188, PTO 2120, PTO 2151
Petition for Cancellation
,
Notice of Opposition
,
Submissions in Inter Partes Cases
Electronic Miscellaneous Ex Parte Papers
PTO 2189
Ex Parte Appeal (General Filing)
Electronic Notice of Appeal
PTO 2190
Notice of Appeal
Electronic Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration, abandonment
PTO 2151
Inter Parte Form
Extension of Time to File an Opposition: Individuals and Households
PTO 2153
Extension of Time to file an Opposition
Extension of Time to File an Opposition: Private Sector
PTO 2153
Extension of Time to file an Opposition
Miscellaneous Ex Parte Papers
Miscellaneous Ex Parte Papers: Individuals and Households
PTO 2190, PTO 2189
Notice of Appeal
,
Ex Parte Appeal (General Filing)
Miscellaneous Ex Parte Papers: Private Sector
PTO 2190, PTO 2189
Notice of Appeal
,
Ex Parte Appeal (General Filing)
Notice of Appeal
Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration
Papers in Inter Partes Cases: Private Sector
PTO 2120, PTO 2151, PTO 2188
Petition for Cancellation
,
Notice of Opposition
,
Submissions in Inter Partes Cases
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
83,100
78,000
0
0
5,100
0
Annual Time Burden (Hours)
21,133
15,994
0
0
5,139
0
Annual Cost Burden (Dollars)
6,611,606
5,766,232
0
0
845,374
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:
These changes are due to adjustments from updated annual response estimates. • Increase of 5,100 in estimated number of responses resulting in an increase of 5,139 estimated burden hours. These estimates are based on the Agency’s long-standing institutional knowledge of and experience with the type of information collected by these items and the internal submission statistics showing increasing responses. • Increase of $845,374 in non-hour cost burdens. These changes are due to an increase in agency estimates. For this renewal, the USPTO estimates that total fees will be $6,611,300 and $306 in postage costs.
Annual Cost to Federal Government:
$115,346
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:
LaToya Brown 571 272-4283
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:
07/31/2020
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