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:
0651-0051
ICR Reference No:
202411-0651-003
Status:
Historical Active
Previous ICR Reference No:
202011-0651-007
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Madrid Protocol
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/26/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/18/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
06/30/2025
06/30/2025
06/30/2025
Responses
54,082
0
54,082
Time Burden (Hours)
48,671
0
48,671
Cost Burden (Dollars)
30,987,155
0
21,516,380
Abstract:
This collection of information is required by the Trademark Act of 1946, 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. The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application. The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, administers the international registration system. The Madrid Protocol Implementation Act of 2002 amended the Trademark Act to provide that: (1) The owner of a U.S. application or registration may seek protection of its mark in any of the participating countries by submitting a single international application through the USPTO and (2) the holder of an international registration may request an extension of protection of the international registration to the United States. The Madrid Protocol came into effect in the United States on November 2, 2003, and is implemented under 15 U.S.C. 1141 et seq. and 37 CFR parts 2 and 7. Individuals and businesses that use or intend to use such marks in commerce may file an application to register the marks with the USPTO. Both the register and the information provided in pending applications for registration can be accessed by the public in order to determine the availability of a mark and lessen the likelihood of initiating the use of a mark previously adopted by another.
Authorizing Statute(s):
US Code:
15 USC 1141
Name of Law: Trademark Act of 1946, as amended
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:
87 FR 7430
02/09/2022
30-day Notice:
Federal Register Citation:
Citation Date:
87 FR 84284
04/25/2022
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
20
IC Title
Form No.
Form Name
Application for International Registration (Individuals or Households)
PTO-2131, MM2(e)
Application for International Registration
,
Application for International Registration Under the Madrid Protocol
Application for International Registration (Private Sector)
MM2, PTO-2131
Application for International Registration
,
Application for International Registration Under the Madrid Protocol
Application for Subsequent Designation (Individuals or Households)
PTO-2132, MM4(e)
Application for Subsequent Designation
,
Designation Subsequent to the International Registration
Application for Subsequent Designation (Private Sector)
PTO-2132, MM4(e)
Application for Subsequent Designation
,
Designation Subsequent to the International Registration
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Individuals or Households)
PTO-1683
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Private Sector)
PTO-1683
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Individuals or Households)
PTO-1663
Declaration of Use and Excusable Nonuse of Mark in Commerce Under Section 71
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Private Sector)
PTO-1663
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
Petition to Director for an International Application/Registration (Individuals or Households)
PTO-2137
Petition to the Director for an International Application Registration
Petition to Director for an International Application/Registration (Private Sector)
PTO-2137
Petition to the Director for an International Application Registration
Petition to Director to Review Denial of Certification of International Application (Individuals or Households)
PTO-2316
Petition to the Director to Review Denial of Certification of International Application
Petition to Director to Review Denial of Certification of International Application (Private Sector)
PTO-2316
Petition to Director to Review Denial of Certification of International Application
Replacement Request (Individuals or Households)
PTO-2314
Replacement Request
Replacement Request (Private Sector)
PTO-2314
Replacement Request
Request for Extension of Protection of International Registration to WIPO (Individuals or Households)
Request for Extension of Protection of International Registration to WIPO (Private Sector)
Response to Notice of Irregularity (Individuals or Households)
PTO-2133
Response to Notice of Irregularity
Response to Notice of Irregularity (Private Sector)
PTO-2133
Response to Notice of Irregularity
Transformation Request (Individuals or Households)
PTO-2315
Transformation Request
Transformation Request (Private Sector)
PTO-2315
Transformation Request
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
54,082
54,082
0
0
0
0
Annual Time Burden (Hours)
48,671
48,671
0
0
0
0
Annual Cost Burden (Dollars)
30,987,155
21,516,380
0
9,470,775
0
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:
Annual Cost to Federal Government:
$244,225
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.
No
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:
11/18/2024
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