[Federal Register Volume 66, Number 63 (Monday, April 2, 2001)]
[Notices]
[Pages 17531-17534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8013]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Trademark Processing

ACTION: Proposed 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 comment on the 
submission of a revision of a currently approved 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 June 1, 2001.

ADDRESSES: Direct all written comments to Susan K. Brown, Records 
Officer, Office of Data Management, Data Administration Division, 
USPTO, Suite 310, Crystal Park 3, Washington, DC 20231; by telephone at 
703-308-7400; or by e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Ari Leifman, United States Patent and Trademark 
Office (USPTO), Washington, DC 20231, by telephone at 703-308-8900 
(ext. 155).

SUPPLEMENTARY INFORMATION:

I. Abstract

    The United States Patent and Trademark Office (USPTO) administers

[[Page 17532]]

the Trademark Act, 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. Individuals and businesses who use their marks, or 
intend to use their marks, in commerce regulable by Congress, may file 
an application with the USPTO 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 USPTO 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 rules implementing the Act are set forth in 37 CFR Part 2. 
These rules mandate 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 USPTO 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 USPTO'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.
    The information collected can be provided using forms furnished by 
the USPTO. All of these forms are provided on printed paper, and 
various of these forms are also provided in electronic format, through 
the USPTO's Trademark Electronic Application System (TEAS). The TEAS 
forms, in turn, are provided in two different formats, known 
respectively as ETEAS and PRINTEAS. ETEAS forms are completed on-line 
and then transmitted to the USPTO electronically, via the Internet. 
PRINTEAS forms are completed on-line, printed by the user, and then 
mailed or hand-delivered to the USPTO. Payment of fees associated with 
a paper submission is made by check, money order, credit card, or 
through an authorization to charge a USPTO deposit account. Payment of 
fees associated with an electronic submission is made by credit card or 
through an authorization to charge a USPTO deposit account.
    The TEAS system has included a form for applications for 
registration since October 1, 1998. In April 2000, four additional 
forms were developed for TEAS, namely, the Request for Extension of 
Time to File a Statement of Use, the Combined Declaration of Use in 
Commerce/Application for Renewal of Registration of a Mark under 
Secs. 8 and 9; the Declaration of Use of a Mark in Commerce under 
Sec. 8, and the Affidavit of Incontestability of a Mark under Sec. 15. 
These forms are being added to this collection.
    Additionally, the USPTO is currently developing electronic versions 
of three additional forms, namely, the Collective Trademark/Service 
Mark Application, Collective Membership Mark Application, and the 
Certification Mark Application. It is expected that these forms will be 
available for use by the end of 2001. These forms are being added to 
this collection.
    The electronic Request to Divide and the Petition to Revive an 
Abandoned Application are being added to this collection as well.

II. Method of Collection

    By mail, by hand, or electronically over the Internet through the 
USPTO's Trademark Electronic Application System (TEAS). In FY 2000, 
over 15% of applications for registration were filed electronically.

III. Data

    OMB Number: 0651-0009.
    Form Number(s): PTO-1478, PTO-1478(A), PTO-4.8, PTO-4.9, PTO-1553, 
PTO-1581, PTO-205/209, PTO-4.13A, PTO-205/4.13A, and PTO-205-209.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Business or other non-profit; individuals or 
households; not-for-profit institutions; farms; the Federal Government; 
and state, local or tribal government.
    Estimated Number of Respondents: 677,151 responses per year.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public an average of 3 minutes to 30 minutes to complete this 
information, depending on the form. This includes time to gather the 
necessary information, create the documents, and submit the completed 
request. 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.
    Estimated Total Annual Respondent Burden Hours: 144,587 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: Using the 
professional hourly rate of $175 per hour for associate attorneys in 
private firms, the USPTO estimates $118,501,425.00 per year for salary 
costs associated with respondents.

------------------------------------------------------------------------
                                    Estimated    Estimated
                                     time for      annual     Estimated
               Item                  response      burden       annual
                                    (minutes)      hours      responses
------------------------------------------------------------------------
Use-Based Trademark/Service Mark
 Application, including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark Application
    --Collective Membership Mark
     Application
    --Certification Mark                    23       27,224       71,643
     Application.................
Electronic Use-Based Trademark/
 Service Mark Application,
 including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark Application
    --Collective Membership Mark
     Application
    --Certification Mark                    21       21,493       61,408
     Application.................
Intent to Use Trademark/Service
 Mark Application, including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark Application
    --Collective Membership Mark
     Application
    --Certification Mark                    17       31,205      111,445
     Application.................

[[Page 17533]]

 
Electronic Intent to Use
 Trademark/Service Mark
 Application, including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark Application
    --Collective Membership Mark
     Application
    --Certification Mark                    15        5,331       21,322
     Application.................
Application for registration of
 Trademark/Service Mark under
 Sec.  44(d) and (e), including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark Application
    --Collective Membership Mark
     Application
    --Certification Mark                    20        3,940       11,940
     Application.................
Electronic application for
 Registration of Trademark/
 Service Mark under Sec.  44(d) &
 (e), including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark Application
    --Collective Membership Mark
     Application
    --Certification Mark                    19          819        2,558
     Application.................
Trademark/Service Mark Allegation           13       10,657       48,440
 of Use (Amendment to Allege Use/
 Statement of Use)...............
Electronic Trademark/Service Mark           11        3,944       20,760
 Allegation of Use (Amendment to
 Allege Use/Statement of Use)....
Request for Extension of Time to            10        9,270       54,530
 File a Statement of Use.........
Electronic Request for Extension             9        3,506       23,370
 of Time to File a Statement of
 Use.............................
Request to Divide................            5           73          910
Electronic Request to Divide.....            4           27          390
Affidavit of Use of a Mark in               11        6,002       31,590
 Commerce under Sec.  8..........
Electronic Declaration of Use of            10        2,302       13,540
 a Mark in Commerce under Sec.  8
Combined Affidavit of Use in                14        3,128       13,600
 Commerce & Application for
 Renewal of Registration of a
 Mark under Secs.  8 & 9.........
Electronic Combined Declaration             12        1,224        5,830
 of Use in Commerce & Application
 for Renewal of Registration of a
 Mark under Secs.  8 & 9.........
Affidavit of Incontestability of            11          152          800
 a Mark under Sec.  15...........
Electronic Declaration of                   10           58          340
 Incontestability of a Mark under
 Sec.  15........................
Combined Affidavit of Use and               14        1,656        7,200
 Incontestability under Secs.  8
 & 15............................
Electronic Combined Declaration             12          649        3,090
 of Use and Incontestability
 under Secs.  8 & 15.............
Power of Attorney................            3        6,397      127,930
Designation of Domestic                      3        1,706       34,115
 Representative..................
Trademark Amendments/Corrections/           30        3,600        7,200
 Surrenders......................
Petition to Revive an Abandoned              4          224        3,200
 Application.....................
                                  --------------------------------------
      Total......................  ...........      144,587      677,151
------------------------------------------------------------------------

    Estimated Total Annual Nonhour Respondent Cost Burden (includes 
capital start-up costs and filing fees): $128,421,600.00. There are no 
maintenance costs associated with this information collection.
    There are capital start-up costs associated with filing the TEAS 
forms. If the drawing submitted with a TEAS application is not depicted 
in typed form, the applicant must provide a digitized image of the 
drawing. Likewise, digitized images of specimens, if any, must also be 
provided. The production of these images requires use of either a 
scanner or a digital camera. The average cost of a scanner is $200, and 
the average cost of a digital camera is approximately $700. The 
purchase of either a scanner or a digital camera is not mandatory; 
applicants who do not own this equipment may complete the electronic 
application on-line, print this information using PrintTEAS, attach a 
specimen and drawing, and then mail the entire submission to the USPTO.
    There is annual nonhour cost burden in the way of filing fees 
associated with this collection. The filing fees related to this 
collection are considered part of the nonhour cost burden of the 
collection. Following is a chart listing these filing fees/nonhour cost 
burden. A zero means that there is no fee associated with that 
requirement. The total annual filing fees/nonhour cost burden is 
$128,420,700.00.

------------------------------------------------------------------------
                                                         Total non-hour
            Item               Responses   Filing fees   cost burden ($)
                                  (a)       ($) *  (b)     (a)  x  (b)
------------------------------------------------------------------------
Use-Based Trademark/Service
 Mark Application,
 including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark
     Application
    --Collective Membership
     Mark Application
    --Certification Mark          $71,643      $325.00    $23,283,975.00
     Application............
Electronic Use-Based
 Trademark/Service Mark
 Application, including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark
     Application
    --Collective Membership
     Mark Application
    --Certification Mark           61,408       325.00     19,957,600.00
     Application............

[[Page 17534]]

 
Intent to Use Trademark/
 Service Mark Application,
 including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark
     Application
    --Collective Membership
     Mark Application
    --Certification Mark          111,445       325.00     36,219,625.00
     Application............
Electronic Intent to Use
 Trademark/Service Mark
 Application, including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark
     Application
    --Collective Membership
     Mark Application
    --Certification Mark           21,322       325.00      6,929,650.00
     Application............
Application for registration
 of Trademark/Service Mark
 under Sec.  44(d) and (e),
 including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark
     Application
    --Collective Membership
     Mark Application
    --Certification Mark           11,940       325.00      3,880,500.00
     Application............
Electronic application for
 Registration of Trademark/
 Service Mark under Sec.
 44(d) & (e), including:
    --Trademark/Service Mark
     Application
    --Collective Trademark/
     Service Mark
     Application
    --Collective Membership
     Mark Application
    --Certification Mark            2,558       325.00        831,350.00
     Application............
Trademark/Service Mark             48,440       100.00      4,844,000.00
 Allegation of Use
 (Amendment to Allege Use/
 Statement of Use)..........
Electronic Trademark/Service       20,760       100.00      2,076,000.00
 Mark Allegation of Use
 (Amendment to Allege Use/
 Statement of Use)..........
Request for Extension of           54,530       150.00      8,179,500.00
 Time to File a Statement of
 Use........................
Electronic Request for             23,370       150.00      3,505,500.00
 Extension of Time to File a
 Statement of Use...........
Request to Divide...........          910       100.00         91,000.00
Electronic Request to Divide          390       100.00         39,000.00
Affidavit of Use of a Mark         31,590       100.00      3,159,000.00
 in Commerce under Sec.  8..
Electronic Declaration of          13,540       100.00      1,354,000.00
 Use of a Mark in Commerce
 under Sec.  8..............
Combined Affidavit of Use in       13,600       500.00      6,800,000.00
 Commerce & Application for
 Renewal of Registration of
 a Mark under Secs.  8 & 9..
Electronic Combined                 5,830       500.00      2,915,000.00
 Declaration of Use in
 Commerce & Application for
 Renewal of Registration of
 a Mark under Secs.  8 & 9..
Affidavit of                          800       200.00        160,000.00
 Incontestability of a Mark
 under Sec.  15.............
Electronic Declaration of             340       200.00         68,000.00
 Incontestability of a Mark
 under Sec.  15.............
Combined Affidavit of Use           7,200       300.00      2,160,000.00
 and Incontestability under
 Secs.  8 & 15..............
Electronic Combined                 3,090       300.00        927,000.00
 Declaration of Use and
 Incontestability under
 Secs.  8 & 15..............
Power of Attorney...........      127,930         None                 0
Designation of Domestic            34,115         None                 0
 Representative.............
Trademark Amendments/               7,200       100.00        720,000.00
 Corrections/Surrenders.....
Petition to Revive an               3,200       100.00        320,000.00
 Abandoned Application......
                             -------------------------------------------
      Total.................      677,151     5,050.00   128,420,700.00
------------------------------------------------------------------------
* Note: All fees listed are based on per class filing.

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: March 26, 2001.
Susan K. Brown,
Records Officer, USPTO, Office of Data Management, Data Administration 
Division.
[FR Doc. 01-8013 Filed 3-30-01; 8:45 am]
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