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OMB Control No: 0651-0040	ICR Reference No: 202307-0651-002
Status: Active	Previous ICR Reference No: 202007-0651-001
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: 11/03/2023
	Date Received in OIRA: 08/30/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2026	36 Months From Approved	11/30/2023
Responses	76,650	0	83,100
Time Burden (Hours)	1,038,747	0	21,133
Cost Burden (Dollars)	9,080,047	0	6,611,606

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:
	88 FR 36541	06/05/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 59510	08/29/2023
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	, ,
Appeal Brief	PTO-2189
Extension of Time to File an Opposition	PTO 2153
Extension of Time to File an Opposition: Individuals and Households	PTO 2153
Miscellaneous Ex Parte Papers: Individuals and Households	PTO 2190, PTO 2189	,
Notice of Appeals (Ex Parte Submissions)	PTO 2189, PTO-2190	,
Notice of Opposition	PTO-2120
Petition to Cancel	PTO-2188
Submissions in Inter Partes Cases	PTO 2151, PTO-2120, PTO-2188	, ,

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	76,650	83,100	600	-7,050
Annual Time Burden (Hours)	1,038,747	21,133	998,341	19,273
Annual Cost Burden (Dollars)	9,080,047	6,611,606	2,910,947	-442,506

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: Change in Respondents The total number of respondents has decreased by 6,450 due to estimated fluctuations in the number of responses/submissions in this information collection. Overall fewer respondents submitted items within this information collection. One new item, appeal brief were added on its own line to better represent the items included in this information collection; this added 600 respondents. Changes in Hourly Burdens The total number of annual time burden estimates have increased by 998,341 hours due to a change in the burden estimates for three IC lines. The IC lines and the adjustments are: • IC Line 1 – increasing the estimated time per response from 0.50 hours per response to 18 hours per response. • IC Line 2 – increasing the estimated time per response from 0.5 hours per response to 18 hours per response. • IC Line 4 – increasing the estimate time per response from 0.25 hours per response to 21 hours per response. These time burden estimated were increased to bring TTAB estimates into alignment with other USPTO estimates for similar items, especially those used by PTAB. In reviewing the time estimates, the previous values were not enough to cover the full drafting of the legal documents required for that item. These new estimates provide a better reflection of the time burdens that these legal actions require for parties seeking a TTAB decision. Additionally, there is an slight increase (19,273 burden hours) due to natural fluctuations in individuals filng out particular items within this information collection even as the overall number of respondents slightly declined. Changes in Annual (Non-hour) Costs For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase by $2,910,947 from the previous approval due to changing fees amounts for various TTAB items. This information collection also saw a slight decrease in annual (non-hour) costs burdens (-442,506) due to fluctuations in submissions for items that require a fee, particularly for Requests for Extension of Time to File an Opposition.

Annual Cost to Federal Government: $314,004

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

View ICR - OIRA Conclusion