[Federal Register Volume 65, Number 178 (Wednesday, September 13, 2000)]
[Notices]
[Pages 55224-55225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23413]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES PATENT AND TRADEMARK OFFICE


Trademark Trial and Appeal Board (TTAB) Actions (formerly 
Petition to Cancel a Trademark Registration)

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its

[[Page 55225]]

continuing effort to reduce paperwork and respondent burden, invites 
the general public and other Federal agencies to take this opportunity 
to comment on proposed and/or continuing information collections, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 
U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before November 13, 
2000.

ADDRESSES: Direct all written comments to Thao P. Nguyen, Acting 
Records Officer, Office of Data Management, Data Administration 
Division, (703) 308-7397, USPTO, Suite 310, 2231 Crystal Drive, 
Washington, DC 20231.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Ellen J. Seeherman, United States Patent and 
Trademark Office (USPTO), Washington, DC 20231, by telephone at 
(703)308-9300 (ext 206).

SUPPLEMENTARY INFORMATION:

I. Abstract

    This collection of information is required by Section 13 of the 
Trademark Act, 15 U.S.C. 1063, and Section 14 of the Trademark Act, 15 
U.S.C. 1064. The Act provides for the Federal registration of 
trademarks and service marks. Any individual or entity that adopts a 
trademark or service mark to identify its goods or services may apply 
to federally register its mark. Section 14 of the Trademark Act allows 
individuals and entities to file a petition to cancel a registration of 
a mark. Section 13 of the Trademark Act allows individuals and entities 
who believe that they would be damaged by the registration of a mark to 
file an opposition to the registration of a mark.
    The United States Patent and Trademark Office (USPTO) administers 
the Trademark Act according to 37 CFR Part 2, which contains the rules 
that implement the Trademark Act. 37 CFR Sections 2.111 and 2.112 
govern the filing of a Petition to Cancel. 37 CFR Sections 2.101, 2.102 
and 2.104 govern the filing of an opposition to the registration of a 
trademark. Petitions to cancel a trademark registration and oppositions 
are filed with the Trademark Trial and Appeal Board (TTAB).

II. Method of Collection

    By mail, facsimile, or hand carry when the applicant or agent files 
a petition to cancel a trademark registration or an opposition to the 
registration of a trademark with the United States Patent and Trademark 
Office (USPTO).

III. Data

    OMB Number: 0651-0040.
    Form Number(s): N/A.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households; business or other non-
profit; not-for-profit institutions; farms; the Federal Government; and 
state, local or tribal government.
    Estimated Number of Respondents: 61,572 responses per year. The 
USPTO estimates that of this total, 1,709 petitions to cancel a 
trademark registration, 9,863 notices of opposition, and 50,000 
extensions of time to file an opposition will be submitted per year.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public 45 minutes to complete a petition to cancel a trademark 
registration, 45 minutes to complete a notice of opposition, and 10 
minutes to complete an extension of time to file an opposition. This 
includes time to gather the necessary information, create the 
documents, and submit the completed request.
    Estimated Total Annual Respondent Burden Hours: 17,179 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $0 (no capitol 
start-up or maintenance expenditures are required). Using the 
professional hourly rate of $175 per hour for associate attorneys in 
private firms, the USPTO estimates $3,006,325 per year for salary costs 
associated with respondents.

------------------------------------------------------------------------
                                                 Estimated
                                Estimated time     annual     Estimated
             Item                for response      burden       annual
                                                   hours      responses
------------------------------------------------------------------------
Petition to Cancel...........  45 minutes.....        1,282        1,709
Notice of Opposition.........  45 minutes.....        7,397        9,863
Extension of Time to File an   10 minutes.....        8,500       50,000
 Opposition.
                              ------------------------------------------
    Total....................  ...............       17,179       61,572
------------------------------------------------------------------------

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, e.g., 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: September 5, 2000.
Thao P. Nguyen,
Acting Records Officer, USPTO, Office of Data Management, Data 
Administration Division.
[FR Doc. 00-23413, Filed 9-12-00; 8:45 am]
BILLING CODE: 3510-16-P