[Federal Register Volume 69, Number 58 (Thursday, March 25, 2004)]
[Notices]
[Pages 15300-15302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6671]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Trademark Trial and Appeal Board (TTAB) Actions

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 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 May 24, 2004.

ADDRESSES: Direct all written comments to Susan K. Brown, Records 
Officer, Office of the Chief Information Officer, Office of Data 
Architecture and Services, Data Administration Division, 703-308-7400, 
U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313, 
Attn: CPK 3 Suite 310; by e-mail at [email protected]; or by 
facsimile at 703-308-7407.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Mary Frances Bruce, Senior 
Administrator, Trademark Trial and Appeal Board, United States Patent 
and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313-1450; 
by telephone 703-308-9300; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    This collection of information is required by Sections 13 (15 
U.S.C. 1063), 14 (15 U.S.C. 1064), and 20 (15 U.S.C. 1070) of the 
Trademark Act. 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, while Section 13 allows individuals and entities who

[[Page 15301]]

believe that they would be damaged by the registration of a mark to 
file an opposition to the registration of a mark. Section 20 of the 
Trademark Act allows individuals and entities to file an appeal from 
any final decision of the examiner in charge of the requested 
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 2.111 and 2.112 govern the 
filing of a Petition to Cancel and 37 CFR 2.101, 2.102, and 2.104 
govern the filing of an opposition to the registration of a trademark. 
37 CFR 2.141 and 2.142 govern the filing of appeals. Petitions to 
cancel a trademark registration, oppositions, and appeals are filed 
with the Trademark Trial and Appeal Board (TTAB).
    Individuals and entities now have the option to file the Request 
for Extension of Time to File an Opposition, the Notice of Opposition, 
and certain papers such as motions and briefs, electronically through 
the Electronic System for Trademark Trials and Appeals (ESTTA). In 
addition, the USPTO is currently developing forms to collect the 
Petition to Cancel, the Notice of Appeal, and Miscellaneous Ex Parte 
Papers such as motions and briefs, electronically through ESTTA as 
well. The USPTO plans to deploy these forms in FY 2004. These 
electronic forms, in addition to those already deployed through ESTTA, 
are being incorporated into this collection at this time for review and 
approval. The paper equivalent of the Notice of Appeal is also being 
submitted for review at this time.
    There are no paper forms associated with this collection. However, 
the TTAB has suggested formats for the Petition to Cancel and the 
Notice of Opposition that individuals and entities can use when 
submitting these petitions and notices to the TTAB. These are not forms 
and as such do not have form numbers. If applicants or entities wish to 
submit the petitions, notices, and additional papers in inter partes 
and ex parte cases electronically, they must use the forms provided 
through ESTTA. Oppositions to extensions of protection under the Madrid 
Protocol (or requests for extensions of time to oppose) must be filed 
electronically through ESTTA.
    This information collection was reviewed and approved by the Office 
of Management and Budget (OMB) on May 16, 2001 with 61,572 responses 
and 17,179 burden hours. On September 17, 2002, a change worksheet, 
which decreased the total responses by 19,172 responses per year and 
total burden hours by 5,679 hours per year, was submitted to OMB for 
review and approval. OMB approved this change worksheet on September 
20, 2002, changing the currently approved inventory for this collection 
to 42,400 responses and 11,500 burden hours per year.

II. Method of Collection

    By mail or hand carry when the applicant or agent files a petition 
to cancel a trademark registration, an opposition to the registration 
of a trademark, a request to extend the time to file an opposition, or 
a notice of appeal with the USPTO. These requirements, in addition to 
papers filed in Inter Partes and Ex Parte cases, can also be submitted 
electronically to the TTAB through ESTTA. Only Notices of Appeal for ex 
parte appeals can be submitted by facsimile.

III. Data

    OMB Number: 0651-0040.
    Form Number(s): Electronic forms for the Petition to Cancel, the 
Notice of Opposition, the Request for Extension of Time to File an 
Opposition, Electronic Papers in Inter Partes Cases, and Electronic 
Miscellaneous Ex Parte Papers.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; business or other for 
profit; not-for-profit institutions; farms, Federal Government; and 
state, local or tribal Government.
    Estimated Number of Respondents: 46,900 total responses per year. 
Of this total, the USPTO estimates that 1,520 Petitions to Cancel, 
4,400 Notices of Opposition, 21,000 Extensions of Time to File an 
Opposition, and 2,400 Notices of Appeal will be submitted in paper per 
year. The USPTO further estimates that 380 Petitions to Cancel, 1,100 
Notices of Opposition, 9,000 Requests for Extension of Time to File an 
Opposition, 5,000 Papers in Inter Partes Cases, 600 Notices of Appeal, 
and 1,500 Miscellaneous Ex Parte Papers will be submitted 
electronically per year.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public 45 minutes to complete the Petitions to Cancel and the 
Notices of Opposition; 10 minutes to complete the Extensions of Time to 
File an Opposition, the Electronic Papers in Inter Partes Cases, and 
the Electronic Miscellaneous Ex Parte Papers; and 15 minutes to 
complete the Notices of Appeal. This includes time to gather the 
necessary information, create the documents, and submit the completed 
request. The USPTO believes that it will take the same amount of time 
to submit the Petitions to Cancel, the Notices of Opposition, the 
Extensions of Time to File an Opposition, and the Notices of Appeal 
electronically as it does to submit them in paper.
    Estimated Total Annual Respondent Burden Hours: 12,505 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $2,294,669. The 
USPTO estimates that it will take a 50/50 level of effort by associate 
attorneys and paraprofessional/paralegals to complete the requirements 
in this collection. Using a typical professional hourly rate of $286 
for associate attorneys in private firms and the paraprofessional/
paralegal rate of $81 for paralegals/legal assistants in private firms 
and calculating the average of these rates, the USPTO believes that the 
average hourly rate for those completing the petitions, notices, 
requests, and other papers in this collection will be $183.50. 
Therefore, the USPTO estimates that the salary costs for the 
respondents providing this information will be $2,294,669 per year.

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                                                                                     Estimated       Estimated
                     Item                          Estimated time for response        annual       annual burden
                                                                                     responses         hours
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Petition to Cancel............................  45 minutes......................           1,520           1,140
Electronic Petition to Cancel.................  45 minutes......................             380             285
Notice of Opposition..........................  45 minutes......................           4,400           3,300
Electronic Notice of Opposition...............  45 minutes......................           1,100             825
Extension of Time to File an Opposition.......  10 minutes......................          21,000           3,570
Electronic Request for Extension of Time to     10 minutes......................           9,000           1,530
 File an Opposition.
Electronic Papers in Inter Partes Cases (file   10 minutes......................           5,000             850
 motions, briefs, and other papers in
 opposition and cancellation proceedings).
Notice of Appeal..............................  15 minutes......................           2,400             600

[[Page 15302]]

 
Electronic Notice of Appeal...................  15 minutes......................             600             150
Electronic Miscellaneous Ex Parte Papers......  10 minutes......................           1,500             255
 
The USPTO believes that 69% of the Petitions
 to Cancel, the Notices of Opposition, the
 Extensions of Time to File an Opposition, and
 the Notices of Appeal filed with the TTAB
 will be sent by first-class mail. Using a
 typical first-class postage rate of 49 cents,
 the USPTO estimates a total of $15,837 in
 postage costs for this collection.
For the Petitions to Cancel, Notices of
 Opposition, the Extensions of Time to File an
 Opposition, the Notices of Appeal, the
 Electronic Papers in Inter Partes Cases, and
 the Electronic Miscellaneous Ex Parte Papers
 that are filed electronically, the USPTO
 suggests that the applicant print a copy of
 the receipt for their records. The USPTO
 estimates that it will take 5 seconds (0.001)
 to print out this receipt and that 17,580
 petitions, notices, extensions, and other
 papers will be submitted electronically.
 Using the average hourly rate of $183.50, the
 USPTO estimates an approximate recordkeeping
 cost of $3,303 for this information
 collection.
There are filing fees associated with the
 Petitions to Cancel, the Notices of
 Opposition, and the Notices of Appeal; the
 Extensions of Time to File an Opposition do
 not have filing fees. The Electronic Papers
 in Inter Partes Cases and Electronic
 Miscellaneous Ex Parte Papers do not add new
 fees to this information collection. The
 filing fees for the Petitions to Cancel, the
 Notices of Opposition, and the Notices of
 Appeal are per class; therefore the total
 filing fees can vary depending on the number
 of classes. The total filing fees of
 $2,520,000 shown here are the minimum fees
 associated with this information
 collection.4,L2,tp0,i1,s100,13,13,13
Petition to Cancel............................  1,520...........................         $300.00     $456,000.00
Electronic Petition to Cancel.................  380.............................          300.00      114,000.00
Notice of Opposition..........................  4,400...........................          300.00    1,320,000.00
Electronic Notice of Opposition...............  1,100...........................          300.00      330,000.00
Extension of Time to File an Opposition.......  21,000..........................            0.00            0.00
Electronic Request for Extension of Time to     9,000...........................            0.00            0.00
 File an Opposition.
Electronic Papers in Inter Partes Cases.......  5,000...........................            0.00            0.00
Notice of Appeal..............................  2,400...........................          100.00      240,000.00
Electronic Notice of Appeal...................  600.............................          100.00       60,000.00
Electronic Miscellaneous Ex Parte Papers......  1,500...........................            0.00            0.00
                                               -----------------------------------
    Totals....................................  46,900..........................  ..............   $2,520,000.00
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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 will also become a matter of public record.

    Dated: March 19, 2004.
Susan K. Brown,
Records Officer, United States Patent and Trademark Office, Office of 
the Chief Information Officer, Office of Data Architecture and Services 
Data Administration Division.
[FR Doc. 04-6671 Filed 3-24-04; 8:45 am]
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