[Federal Register Volume 65, Number 206 (Tuesday, October 24, 2000)]
[Notices]
[Pages 63568-63569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27212]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Electronic Form for Responding to Office Actions

ACTION: New information collection; comment request.

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SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to take this 
opportunity to comment on the new proposed information collection, 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 December 26, 
2000.

ADDRESSES: Direct all written comments to Susan K. Brown, Records 
Officer, Data Administration Division, Office of Data Management, 
United States Patent and Trademark Office, Crystal Park 3, 3rd Floor, 
Suite 310, Washington, D.C. 20231, or by phone at (703) 308-7400 or via 
the Internet at [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Craig Morris, by mail, United States Patent and 
Trademark Office, 2900 Crystal Drive, Room 10B10, Arlington, Va. 22202, 
by phone at (703) 308-8900, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    Pursuant to 15 U.S.C. 1051 et seq. and Chapter 37 of the Code of 
Federal Regulations, the United States Patent and Trademark Office 
(USPTO) issues Office Actions in which it requests that applicants for 
trademark registration furnish information that is required for the 
issuance of a registration but that was not provided with the initial 
submission of the application for registration. The information 
solicited in these Office Actions may include the following: the 
precise nature of the goods and or services associated with the mark; 
the dates on which the mark was first used and first used in commerce 
regulable by the United States Congress; the name of a domestic 
representative of a foreign applicant upon whom process can be served 
in matters pertaining to the mark; the legal entity type of the 
applicant; the state of incorporation of a corporate applicant; the 
state of organization of an applicant that is a partnership; the 
citizenship of an applicant who is an individual person; the names and 
citizenships of the partners of an applicant that is a partnership; the 
complete address of the applicant; the date that the application was 
signed; information as to whether or not a mark is the name or likeness 
of an individual; requests for production of specimens showing use of 
the mark in commerce; requests for substitute depictions of the mark; 
information as to whether or not the mark has a meaning in a foreign 
language or in a particular field or industry; information as to 
whether or not the applicant owns certain existing registrations; the 
statutory basis upon which registration of the mark is sought; and for 
collective membership marks, information as to how the applicant 
controls use of the mark by members of the organization.
    To aid in the collection of this information and as part of the 
USPTO's electronic initiatives, the USPTO has developed an electronic 
form for providing this information. Additionally, the form may be used 
to present legal arguments as to why the USPTO should withdraw a 
statutory refusal to register a mark.

II. Method of Collection

    By electronic transmission.

III. Data

    OMB Number: 0651-00XX.
    Form Number(s): PTO Form XX.
    Type of Review: New information collection.
    Affected Public: Individuals or households; businesses or other 
non-profit; not-for-profit institutions; farms; the Federal Government; 
and state, local or tribal government.
    Estimated Number of Respondents: 22,000 responses per year.
    Estimated Time Per Response: The USPTO estimates that the public 
will require 10 minutes (.17 hours) to supply the information requested 
in the Office Action. Completion times may vary, depending upon the 
nature and amount of information requested in a particular Office 
Action.
    Estimated Total Annual Respondent Burden Hours: 3,740 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $900 (this 
represents the estimated combined average cost of a scanner and a 
digital camera, one of which is needed to submit a digitized image of a 
stylized drawing or substitute specimens. However, it is noted that the 
USPTO expects that very few of the responses will require the use of 
either a camera or a scanner). Using the professional hourly rate of 
$175.00 per hour for associate attorneys in private firms, the USPTO 
estimates $654,500.00 per year for salary costs associated with 
respondents. However, it is noted that a respondent is not required to 
retain an attorney to assist in responding to an Office Action.

[[Page 63569]]



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                                                           Estimated time    Estimated annual   Estimated annual
                          Item                              for response       burden hours        responses
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Electronic Trademark Response to Action Form...........         10 minutes              3,740             22,000
    TOTAL..............................................                                 3,740             22,000
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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: October 17, 2000.
Susan K. Brown,
Records Officer, Data Administration Division, Office of Data 
Management.
[FR Doc. 00-27212 Filed 10-23-00; 8:45 am]
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