[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Notices]
[Pages 5783-5784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2734]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Trademark Processing

ACTION: Proposed collection; comment request.

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SUMMARY: The Department of Commerce (DoC), 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)), and 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, 15 U.S.C. 1051, et seq.

DATES: Written comments must be submitted on or before April 6, 1998.

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

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Nancy L. Omelko, Administrator 
for Petitions, at the Office of the Assistant Commissioner for 
Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513, telephone 
number (703) 308-8910 ext. 39 or by facsimile transmission to (703) 
308-9395.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Patent and Trademark Office (Office) administers the Trademark 
Act, 15 U.S.C. 1051 et seq, which provides for the Federal registration 
of trademarks; as well as, service marks; collective trademarks and 
service marks; collective membership marks; and certification marks. 
Individuals and businesses who use their marks, or intend to use their 
marks, in commerce regulable by Congress, may file an application with 
the Office to register their mark. The mark will remain on the register 
for ten years. However, the registration will be canceled unless the 
owner files an affidavit with the Office attesting to the continued use 
(or excusable non-use) of the mark in commerce. The registration may be 
renewed for periods of ten years.
    The Trademark Act mandates that each register entry contain the 
mark; the goods and/or services that the mark is used in connection 
with; identifying ownership information; dates of use; and certain 
other information. The Office also provides similar information 
concerning pending applications. The register and pending application 
information may be accessed by an individual, or by businesses, to 
determine availability of a mark. By accessing the Office's 
information, potential trademark owners may reduce the possibility of 
initiating use of a mark previously adopted by another. The Federal 
Trademark Registration process serves to reduce the filing of papers in 
court and between parties.

II. Method of Collection

    By mail, facsimile, or electronic transmission. A pilot program is 
currently in progress to study the use of electronic technology in 
filing trademark/service mark applications. After evaluation of the 
pilot, the Office will implement a full-scale program to accept 
trademark/service mark registration applications filed electronically 
by the public. At this stage, only the intent-to-use and use-based 
trademark/service mark

[[Page 5784]]

registration applications are being accepted electronically. In time, 
the electronic filing may be expanded to include other forms. The time 
estimates shown for the electronic forms in this notice are based on 
the average amount of time needed to complete and electronically file a 
trademark/service mark application. The estimated number of annual 
responses are a projection of how many electronic applications are 
expected to be filed per year.

III. Data

    OMB Number: 0651-0009.
    Type of Review: Renewal with change.
    Affected Public: Individuals or households, businesses or other 
for-profit, not-for-profit institutions, farms, state, local or tribal 
governments, and the Federal Government. The forms are used by 
potential trademark owners and trademark practitioners. However, use of 
the forms is not mandatory and many law firms and corporations develop 
their own forms. The 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 Number of Respondents: 302,818.
    Estimated Time Per Response: 10 to 45 minutes, depending on the 
form.
    Estimated Total Annual Respondent Burden Hours: 112,887 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $11,570,918 per 
year.

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                                                                     Estimated                                  
                                                                     time for       Est. annual     Est. annual 
           Title of form                     Form No(s).             response      burden hours      responses  
                                                                     (minutes)                                  
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*Intent-to-Use trademark/service                                                                                
 mark registration applications...        1478, 1478(a), 4.8&4.9              20          37,857         114,719
*Electronic Intent-to-Use                                                                                       
 trademark/service mark                                                                                         
 registration application.........                           TBD              18              18              60
*Use-Based trademark/service mark                                                                               
 registration applications........          1478,1478(a),4.8&4.9              30          38,230          76,459
*Electronic Use-Based trademark/                                                                                
 service mark registration                                                                                      
 application......................                           TBD              27              27              60
Allegation of Use for Intent-To-                                                                                
 Use Application..................                          1553              20           8,652          26,218
Request for Extension of Time to                                                                                
 File a Statement of Use..........                          1581              10           8,141          47,887
Affidavits of Use/Combined                                                                                      
 Declaration of Use and                                                                                         
 Incontestability.................            PTO-FB-TM205/TM209              30          10,391          20,781
Application for Renewal...........                  PTO-FB-TM201              30           3,360           6,720
Amendments/Corrections/Surrenders.          No Forms Associated.              30           2,449           4,898
Opposition to the Registration of                                                                               
 a Mark...........................                         4-17a              45           3,762           5,016
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    Totals........................  ............................  ..............         112,887         302,818
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*The same application is used for both types of registration; however, different information is required.       

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 the 
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 will also become a matter of public record.

    Dated: January 30, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 98-2734 Filed 2-3-98; 8:45 am]
BILLING CODE 3510-16-P