[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Notices]
[Page 6632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3823]



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DEPARTMENT OF COMMERCE
Patent and Trademark Office


Trademark Processing

ACTION: Notice of proposed collection; comment request.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to comment on the continuing information 
collection, as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13 (44 U.S.C. 3506(c)(2)(A)), by the Patent and Trademark 
Office (Office) in the performance of its statutory functions of 
examining, registering and maintaining trademarks, as required by the 
Trademark Act of 1946, as amended, 15 U.S.C. 1051, et seq.

DATES: Written comments must be submitted on or before April 22, 1996.

ADDRESSES: Direct all written comments to Departmental Forms Clearance 
Officer, Department of Commerce, Room 5327, 14th and Constitution 
Avenue, NW, Washington D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Lynne G. Beresford, Trademark 
Legal Administrator, at the Office of the Assistant Commissioner for 
Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513 or by 
facsimile transmission to (703) 308-7220.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Patent and Trademark Office (Office) administers the Trademark 
Act of 1946, as amended, 15 U.S.C. 1051 et seq., which provides for the 
Federal registration of trademarks and service marks. Any individual or 
business owning a valid trademark or service mark that is both used in 
a type of commerce which can be controlled by Congress, and used in 
connection with goods or services, may apply to register its mark. A 
registration is valid for ten years and renewable for like periods. 
Federal registration is not necessary in order to use a mark, nor is 
registration required to obtain rights in a mark. Registration does 
provide certain procedural benefits, such as access to Federal court. 
Information collected by the Office is required by the statute or the 
rules and is used by the Office to determine the eligibility of 
trademarks or service marks for registration, to issue registrations, 
and to maintain the Register.

II. Method of Collection

    Mail or facsimile transmission.

III. Data

    OMB Number: 0651-0009.

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                                                                                               Est.             
                                                                    Estimated time for        annual      Est.  
         Title of form                    Form No(s).                    response             burden     annual 
                                                                                              hours    responses
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Application for Trademark.....  1478, 4.8 & 4.9...............  1 hour....................    165,559    165,559
Amendment to Allege Use.......  1579..........................  15 minutes................      1,222      4,882
Statement of Use (SOU)........  1580..........................  15 minutes................      4,626     18,505
Extension of Time to File SOU.  1581..........................  15 minutes................      8,438     33,750
Opposition....................  4.17 & 4.17(a)................  1 hour....................      5,248      5,248
                                                                                           ---------------------
      Totals..................  ..............................  ..........................    185,090    227,944
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    Type of Review: Regular.
    Affected Public: The forms are used by trademark owners and 
trademark practitioners. However, use of the forms is not mandatory and 
many law firms and corporations develop their own forms. Information 
collected is a matter of public record, and is used by the public for a 
variety of private business purposes related to establishing and 
enforcing trademark rights. This information is important to the 
public, since both common law trademark owners and Federal trademark 
registrants must actively protect their own rights.
    Estimated Total Annual Cost: Estimated costs to the private sector 
are $11,105,400.
    Private sector costs were calculated using a composite rate of 
paralegal and attorney time. The paralegal hourly rate was calculated 
to be $11 per hour. The professional rate was calculated to be $108 per 
hour. In house costs were estimated to be $142,853.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of 
collection of information on respondents, including through the use of 
automated collection techniques or other forms of information 
technology.
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: February 14, 1996.
Linda Engelmeier,
Acting Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 96-3823 Filed 2-21-96; 8:45 am]
BILLING CODE 3510-16-P