[Federal Register Volume 69, Number 138 (Tuesday, July 20, 2004)]
[Notices]
[Pages 43395-43398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16415]
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DEPARTMENT OF COMMERCE
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 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 September 20,
2004.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include ``0651-0009
comment'' in the subject line of the message.
Fax: 703-308-7407, marked to the attention of Susan Brown.
Mail: Susan K. Brown, Records Officer, Office of the Chief
Information Officer, Office of Data Architecture and Services, Data
Administration Division, U.S. Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Ari Leifman, Staff Attorney,
Office of the Commissioner for Trademarks, United States Patent and
Trademark Office (USPTO), Washington, DC 20231, by telephone at 703-
308-8900 (ext. 155), or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) administers
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 marks. These
individuals and businesses may also submit various communications to
the USPTO, including requests to amend their applications to delete an
originally-identified statutory filing basis, such as the ``intent to
use'' basis. Registered marks remain on the register for ten years.
However, the registrations are 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 applicant may withdraw his or her
application. If an application becomes abandoned, the owner may
petition the USPTO to revive the abandoned application. 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 include the mark, the
goods and/or services in connection with which the mark is used,
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, parties may reduce the
possibility of initiating use of a mark previously adopted by another.
The Federal trademark registration process may lessen the filing of
papers in court and between parties.
[[Page 43396]]
The trademark rules set forth in 37 CFR Part 2 provide for the
appointment of attorneys of record to represent applicants in the
application process. Likewise, these rules also provide for the
revocation of an attorney's appointment, and the rules allow an
attorney to request permission to withdraw from representation.
Additionally, the rules allow applicants to change their addresses.
The trademark rules allow applicants who do not wish to pursue
their applications to request that their applications be abandoned.
Additionally, the rules allow applicants whose applications became
abandoned by operation of law to petition to revive these applications.
Finally, the rules also allow applicants to request that their
applications be amended to delete a particular statutory filing basis,
namely the ``intent to use'' basis.
Applicants can submit the majority of the trademark applications,
petitions, requests, and other associated papers electronically through
the Trademark Electronic Application System (TEAS). The USPTO is taking
this opportunity to obtain approval from OMB to add seven new
electronic forms into the currently approved collection of 677,151
responses, 144,587 burden hours, and $147,134,656 in annualized (non-
hour) costs. The approval for the current information collection
expires in June of 2005.
The seven new TEAS forms under development are as follows:
Petition to Revive Abandoned Application--Failure to
Respond Timely to Office Action (Form 2194): currently approved
collection of information; new electronic form.
Petition to Revive Abandoned Application--Failure to File
Timely Statement of Use or Extension Request (Form 2195): currently
approved collection of information; new electronic form.
Revocation of Power of Attorney and/or Appointment of
Attorney (Form 2196): appointment of attorney is currently approved and
the USPTO is expanding this approval to include the revocation of power
of attorney; new electronic form.
Request to Delete Section 1(b) Basis, Intent to Use (Form
2200): addition of existing collection of information; new electronic
form.
Change of Owner's Address Form (Form 2197): addition of
existing collection of information; new electronic form.
Request for Permission to Withdraw as Attorney of Record
(Form 2201): addition of existing collection of information; new
electronic form.
Request for Express Abandonment (Withdrawal) of
Application (Form 2202): addition of existing collection of
information; new electronic form.
II. Method of Collection
Electronically if applicants submit the information using the forms
available through TEAS. By mail or hand delivery if applicants chose to
submit the information in paper form.
III. Data
OMB Number: 0651-0009.
Form Number(s): PTO Forms 2194, 2195, 2196, 2197, 2200, 2201, and
2202.
Type of Review: Revision of a currently approved collection.
Affected Public: Primarily business or other for-profit
organizations, but also individuals or households; not-for-profit
institutions; farms, Federal Government; and state, local or tribal
Government.
Estimated Number of Respondents: 762,701 responses. Of this total,
216,680 responses are related to new electronic forms added to this
collection. The USPTO estimates that 4,400 each of the petitions to
revive; 550 of requests to delete section 1(b) from an intent to use
application; 89,901 of the revocations/appointment of attorney; 70,000
of the change of owner's address forms; 1,500 of requests to withdraw
as the attorney of record; and 3,600 express abandonments of an
application will be submitted electronically through TEAS per year. The
USPTO estimates that the remaining 1,900 of the petitions to revive and
38,529 of the revocations and appointments of attorney will be mailed
to the USPTO per year. The 216,680 responses being added to this
collection adjusts the number of responses for the mailed petitions to
revive and powers of attorney that are already covered in the currently
approved collection. Currently, the USPTO estimates that 3,200
petitions to revive abandoned applications and 127,930 appointments of
attorney are mailed to the USPTO. The USPTO estimates an increase in
the total number of submissions for the petitions to revive abandoned
applications from 3,200 to 12,600 responses per year and an increase in
the total number of submissions for powers of attorney (now expanded to
include a previously overlooked collection) from 127,930 to 128,430
responses per year. The addition of new electronic forms to this
collection backs out the 131,130 responses for the petitions to revive
and powers of attorney from the currently approved total of 677,151
responses for this collection, and adds 216,680 responses, for a new
total of 762,701 responses for this collection.
Estimated Time Per Response: The USPTO estimates that it will take
approximately 3 minutes (0.05 hours) to 12 minutes (0.20 hours) to
complete these petitions, requests, and forms. The USPTO believes that
it takes approximately 3 minutes (0.05 hours) to complete the requests
for deletion of the section 1(b) basis, change of owner's address form,
and the express abandonment of the application electronically through
TEAS. The USPTO estimates that it takes approximately 5 minutes (0.08
hours) to complete the petitions to revive and the revocation and
appointment of attorneys and 12 minutes (0.20 hours) to complete the
withdrawals as the attorney of record and submit them electronically
through TEAS. The USPTO estimates that it takes 6 minutes (0.10 hours)
to complete the revocation and appointment of attorney and 12 minutes
(0.20 hours) to complete the petitions to revive and mail them to the
USPTO. This includes the time to gather the information, prepare the
petitions, requests, and other associated forms, and submit them to the
USPTO.
Estimated Total Annual Respondent Burden Hours: 154,483 burden
hours. Of this total, 16,517 burden hours are related to the addition
of the new electronic forms into this collection. The 16,517 burden
hours being added to this collection adjusts the hours for the mailed
petitions to revive and power of attorney that are already covered in
the currently approved collection. Currently, the USPTO estimates
burdens of 224 and 6,397 hours for the petitions to revive and powers
of attorney, respectively. Burden hours for the petitions to revive
will increase from 224 to 1,464 hours per year. Burden hours for the
revocation/appointment of attorney will increase from 6,397 to 11,045
hours per year. The addition of the new electronic forms and inclusion
of previously overlooked collections of information adds an additional
16,517 hours. Backing out the 6,621 hours for the mailed petitions to
revive and the powers of attorney from the currently approved total of
144,587 hours amounts to a new total of 154,483 hours for this
collection.
Estimated Total Annual Respondent Cost Burden: $39,491,294 total
respondent cost burden. Of this total, $4,723,862 is associated with
the new electronic forms that the USPTO is adding into the collection.
The USPTO is using the American Intellectual Property Law Association
hourly rate of $286 for associate attorneys to calculate the respondent
cost. The hourly rates for completing petitions to revive an abandoned
application and the powers
[[Page 43397]]
of attorney forms (which are covered in the currently approved
collection), have been adjusted to the current professional hourly rate
of $286 for associate attorneys. The respondent costs of $4,723,862
being added to this collection adjusts the respondent cost burden for
the petitions to revive an abandoned application and the power of
attorney from $56,448.00 to $418,704 and from $1,612,044 to $3,158,870,
respectively. The addition of the new electronic forms adds $4,723,862
in respondent costs to this collection. The USPTO will revise the
currently approved respondent costs by subtracting $1,668,492 in
respondent costs from the currently approved total of $36,435,924 in
order to reflect the new estimate. This results in a new total of
$39,491,294 in respondent cost burden estimates for this collection.
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Estimated time Estimated Estimated
Item for response annual annual burden
(minutes) responses hours
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Petition to Revive Abandoned Application--Failure to Respond 12 1,900 380
Timely to Office Action--No Form Associated.................
Petition to Revive Abandoned Application--Failure to File 12 1,900 380
Timely Statement of Use or Extension Request--No Form
Associated..................................................
Electronic Form Petition To Revive Abandoned Application-- 5 4,400 352
Failure to Respond Timely to Office Action..................
Electronic Form Petition to Revive Abandoned Application-- 5 4,400 352
Failure to File Timely Statement of Use or Extension Request
Electronic Form Request to Delete Section 1(b) Basis, Intent 3 550 28
to Use......................................................
Revocation of Power of Attorney and/or Appointment of 6 38,529 3,853
Attorney (Power of Attorney)--No Form Associated............
Electronic Form Revocation of Power of Attorney and/or 5 89,901 7,192
Appointment of Attorney (Power of Attorney).................
Electronic Form Change of Owner's Address Form............... 3 70,000 3,500
Electronic Form Request for Permission to Withdraw as 12 1,500 300
Attorney of Record..........................................
Electronic Form Request for Express Abandonment (Withdrawal) 3 3,600 180
of Application..............................................
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Totals................................................... ............... 216,680 16,517
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Estimated Total Annual Non-Hour Respondent Cost Burden:
$148,101,566. Of this total, $1,286,910 is related to postage costs for
the mailed petitions and appointments of attorney ($26,910) and filing
fees related to the addition of electronic forms for the petitions to
revive ($1,260,000). This collection has no operation or maintenance
costs.
Customers incur postage costs when submitting non-electronic
information to the USPTO by mail through the United States Postal
Service. The USPTO does not maintain statistics on the percentage of
submissions per manner of submission. However, the USPTO estimates that
a large majority of submissions for these forms are made via first
class mail. For purposes of this request, the USPTO is estimating that
approximately 98% are mailed to the USPTO by first class mail and the
other 2% are mailed by Express Mail. First class postage is 37 cents
and the Express Mail service typically costs $13.65. For the petitions
to revive abandoned applications, the USPTO estimates that
approximately 3,724 are mailed to the USPTO by first class mail and 2%
or approximately 76 are mailed by Express Mail. For the revocation of
power of attorney and/or appointment of attorney, the USPTO estimates
that approximately 37,758 are mailed to the USPTO by first class mail
and 2% or approximately 771 are mailed by Express Mail. Therefore, a
total estimated mailing cost of $26,910 is incurred.
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Responses (yr) Postage costs Total cost (yr)
Item (a) (b) (a x b)
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Petition to Revive Abandoned Application--Failure to Respond 1,862 $.37 $689.00
Timely to Office Action--First Class Mail...................
Petition to Revive Abandoned Application--Failure to Respond 38 13.65 519.00
Timely to Office Action--Express Mail or Courier Service....
Petition to Revive Abandoned Application--Failure to File 1,862 .37 689.00
Timely Statement of Use or Extension Request--First Class
Mail........................................................
Petition to Revive Abandoned Application--Failure to File 38 13.65 519.00
Timely Statement of Use or Extension Request--Express Mail
or Courier Service..........................................
Revocation of Power of Attorney and/or Appointment of 37,758 .37 13,970.00
Attorney (Power of Attorney)--First Class Mail..............
Revocation of Power of Attorney and/or Appointment of 771 13.65 10,524.00
Attorney (Power of Attorney)--Express Mail or Courier
Service.....................................................
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Totals................................................... 42,329 ............... 26,910.00
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Filing fees of $1,260,000 are associated with petitions to revive
abandoned applications; there are no fees associated with the other
forms under development. The approval of this inclusion of the new TEAS
forms will adjust the filing fee costs associated with the petitions
from the currently approved $320,000 to $1,260,000. The USPTO would
delete $320,000 in filing fees for the petitions to revive from the
currently approved fees of $145,980,100 for this information collection
and add adjusted fees of $1,260,000 for the petitions to revive, for a
new adjusted total of $146,920,100 in filing fees for this collection.
[[Page 43398]]
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Responses (yr) Total cost (yr)
Item (a) Filing fees (b) (a x b)
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Petition to Revive Abandoned Application--Failure to Respond 1,900 $100.00 $190,000.00
Timely to Office Action.....................................
Petition to Revive Abandoned Application--Failure to File 1,900 100.00 190,000.00
Timely Statement of Use or Extension Request................
Electronic Petition to Revive Abandoned Application--Failure 4,400 100.00 440,000.00
to Respond Timely to Office Action..........................
Electronic Petition to Revive Abandoned Application--Failure 4,400 100.00 440,000.00
to File Timely Statement of Use or Extension Request........
Request to Delete Section 1(b) Basis, Intent to Use.......... 550 0.00 0.00
Revocation of Power of Attorney and/or Appointment of 150 0.00 0.00
Attorney (Power of Attorney)................................
Electronic Revocation of Power of Attorney and/or Appointment 350 0.00 0.00
of Attorney (Power of Attorney).............................
Change of Owner's Address Form............................... 70,000 0.00 0.00
Request for Permission to Withdraw as Attorney of Record..... 1,500 0.00 0.00
Request for Express Abandonment (Withdrawal) of Application.. 3,600 0.00 0.00
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Totals................................................... 88,750 ............... 1,260,000.00
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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: July 14, 2004.
Susan K. Brown,
Records Officer, U.S. Patent and Trademark Office, Office of the Chief
Information Officer, Office of Data Architecture and Services, Data
Administration Division.
[FR Doc. 04-16415 Filed 7-19-04; 8:45 am]
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