[Federal Register Volume 69, Number 112 (Thursday, June 10, 2004)]
[Notices]
[Pages 32510-32511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13132]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Submission for OMB Review; Comment Request

    The United States Patent and Trademark Office (USPTO) has submitted 
to the Office of Management and Budget (OMB) for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. chapter 35).
    Agency: United States Patent and Trademark Office (USPTO).
    Title: Trademark Trial and Appeal Board (TTAB) Actions.
    Form Number(s): PTO 2120, 2151, 2153, 2188, 2189, and 2190.
    Agency Approval Number: 0651-0040.
    Type of Request: Reinstatement, with change, of a previously 
approved collection for which approval has expired.
    Burden: 12,505 hours annually.
    Number of Respondents: 46,900 responses per year. The USPTO 
estimates that of this total, 4,400 notices of opposition, 1,100 
electronic notices

[[Page 32511]]

of opposition, 21,000 extensions of time to file an opposition, 9,000 
electronic requests for extension of time to file an opposition, 1,520 
petitions to cancel, 380 electronic petitions to cancel, 5,000 
electronic papers in inter partes cases, 2,400 notices of appeal, 600 
electronic notices of appeal, and 1,500 electronic miscellaneous ex 
parte papers will be submitted per year.
    Avg. Hours Per Response: The USPTO estimates that it will take the 
public an average of 10 to 45 minutes to gather the information, 
prepare the notices of opposition, the extension of time to file an 
opposition, the petitions to cancel, the notices of appeal, and the 
additional papers needed in inter partes and ex partes cases, and 
submit them to the TTAB. The USPTO estimates that it takes 10 minutes 
to complete the extension of time to file an opposition and 10 minutes 
to complete the form for submission of additional papers needed for 
inter partes and ex parte cases, 15 minutes to complete a notice of 
appeal, and 45 minutes to complete the notice of opposition and the 
petition to cancel. The USPTO believes that it takes the same amount of 
time to complete these items electronically as well.
    Needs and Uses: Individuals or entities, believing that they are or 
will be damaged by the registration of a trademark or service mark, may 
file an opposition to the registration of that mark or a request for an 
extension of time to file an opposition under Section 13 of the 
Trademark Act, 15 U.S.C. 1063. Sections 14 and 20 of the Trademark Act, 
15 U.S.C. 1064 and 1070, allow individuals and entities to file a 
petition to cancel the registration of a mark or a notice of appeal. 
The USPTO administers the Trademark Act according to 37 CFR part 2. 
These actions are governed by the Trademark Trial and Appeal Board 
(TTAB), an administrative tribunal empowered to determine the right to 
register and subsequently determine the validity of a trademark. If a 
mark is successfully opposed or canceled, registration will not take 
place. There are no paper forms associated with this collection; 
however, there are forms available to submit this information 
electronically through the Electronic System for Trademark Trials and 
Appeals (ESTTA).
    Affected Public: Individuals or households, businesses or other 
for-profits, not-for-profit institutions, farms, the Federal 
Government, and State, local or tribal governments.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: David Rostker, (202) 395-3897.
    Copies of the above information collection proposal can be obtained 
by calling or writing 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; or 
by e-mail at [email protected].
    Written comments and recommendations for the proposed information 
collection should be sent on or before July 12, 2004, to David Rostker, 
OMB Desk Officer, Room 10202, New Executive Office Building, 725 17th 
Street, NW., Washington, DC 20503.

    Dated: June 3, 2004.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer, Office 
of Data Architecture and Services, Data Administration Division.
[FR Doc. 04-13132 Filed 6-9-04; 8:45 am]
BILLING CODE 3510-16-P