View Information Collection Request (ICR) Package

OMB Control No: 0651-0055	ICR Reference No: 202409-0651-001
Status: Historical Active	Previous ICR Reference No: 202109-0651-003
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: 11/26/2024
	Date Received in OIRA: 10/22/2024
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2027	36 Months From Approved	01/31/2025
Responses	271,793	0	219,694
Time Burden (Hours)	162,987	0	113,620
Cost Burden (Dollars)	103,718,072	0	89,646,740

Abstract: The United States Patent and Trademark Office (USPTO) administers the Trademark Act (Act), 15 U.S.C. 1501 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 after the registration of a trademark. One type of communication is a request to amend a registration to delete goods or services that are no longer being used by the owner. Registered marks remain on the register for 10 years and can be renewed, but will be cancelled unless the 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, with specific deadlines. Owners may also request to amend or divide a registration, respond to a post-registration office action, and surrender a registration. The regulations implementing the Act are set forth in 37 CFR part 2. These regulations mandate that each register entry include the mark, the goods and/or services in connection with which the mark is used, ownership information, dates of use, and certain other information. The information in this information collection is used to maintain the quality of the trademark register. The register 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:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 60405	07/25/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 84123	10/21/2024
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	271,793	219,694	4,043	48,056
Annual Time Burden (Hours)	162,987	113,620	3,356	46,011
Annual Cost Burden (Dollars)	103,718,072	89,646,740	0	14,071,332

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: This renewal request incorporates some items currently included in information collection 0651-0086 (Changes to Implement Provisions of the Trademark Modernization Act of 2020): • Response to Director-Initiated Expungement Office Action • Response to Ex Parte Director-Initiated Reexamination Office Action • Response to Ex Parte Expungement Office Action • Response to Ex Parte Reexamination Office Action These items relate closely to items already in this information collection (0651-0055); including them here provides a complete picture of office action responses. The burden for these items is accounted for in Item 7 (Response to Office Action for Post-Registration Matters). As a result of these additions, this information collection is increasing by 4,043 responses and 3,356 burden hours.

Annual Cost to Federal Government: $3,067,664

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

View ICR - OIRA Conclusion