[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 72991-72992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7062]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Fastener Quality Act Insignia Recordal Process

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 
continuing 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 February 6, 
2006.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include ``0651-0028 
comment'' in the subject line of the message.
     Fax: 571-273-0112, 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, PO Box 1450, 
Alexandria, VA 22313-1450.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Sharon Marsh, Deputy 
Commissioner for Trademark Examination Policy, Office of the 
Commissioner for Trademarks, U.S. Patent and Trademark Office, PO Box 
1451, Alexandria, VA 22313-1451; by telephone at 571-272-8900; or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    Under Section 5 of the Fastener Quality Act (FQA), 15 U.S.C. 5401 
et seq. (as amended by Pub. L. 104-113, Pub. L. 105-234, and Pub. L. 
106-34), certain industrial fasteners are required to bear an insignia 
identifying the manufacturer. The manufacturers of these fasteners are 
required to record the insignia with the USPTO to ensure that a 
fastener can be traced back to its manufacturer. The procedures for the 
recordal of insignias under the FQA are set forth in 15 CFR 280.300-
280.326.
    It is mandatory for manufacturers of fasteners covered by the FQA 
to submit an application to the USPTO for recordal of an insignia on 
the Fastener Insignia Register. The insignia may be either a unique 
alphanumeric designation that the USPTO will issue upon request, or a 
trademark that is either (1) registered at the USPTO or (2) the subject 
of an application to obtain a registration. Upon successful application 
for recordal of a fastener insignia, the USPTO will issue a Certificate 
of Recordal, which remains active for five years and then must be 
renewed. If ownership of a recorded alphanumeric designation is 
assigned to another entity, the designation becomes ``inactive'' and 
the new owner must submit an application in order to reactivate the 
designation within six months of the date of assignment. If the 
recordal is based on a trademark application or registration that is 
subsequently assigned to a new owner, the recordal becomes ``inactive'' 
and cannot be reactivated. Instead, the new owner of the trademark 
application or registration must apply for a new recordal.
    This information collection includes one form, the Application for 
Recordal of Insignia or Renewal/Reactivation of Recordal Under the 
Fastener Quality Act (PTO-1611), which provides manufacturers with a 
convenient way to submit a request for the recordal of a fastener 
insignia or to renew or reactivate an existing Certificate of Recordal. 
Use of Form PTO-1611 is not mandatory, and applicants may instead 
prepare requests for recordal using their own format.
    The public uses this information collection to comply with the 
insignia recordal provisions of the FQA. The USPTO uses the information 
in this collection to maintain the Fastener Insignia Register, which is 
open to public inspection. The public may download the Fastener 
Insignia Register from the USPTO Web site or purchase printed copies 
from the USPTO.

II. Method of Collection

    By mail, facsimile, or hand delivery to the USPTO.

III. Data

    OMB Number: 0651-0028.
    Form Number(s): PTO-1611.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 37 responses per year.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public approximately 10 minutes (0.17 hours) to gather the 
necessary information, prepare the form, and submit the request for 
recordal or renewal of a fastener insignia to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 6 hours per year.
    Estimated Total Annual Respondent Cost Burden: $486 per year. The 
USPTO expects that the information in this collection will be prepared 
by paraprofessionals at an estimated rate of $81 per hour. Therefore, 
the USPTO estimates that the respondent cost burden for this collection 
will be $486 per year.

[[Page 72992]]



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                                                                                     Estimated       Estimated
                     Item                          Estimated time for response        annual      annual  burden
                                                                                     responses         hours
----------------------------------------------------------------------------------------------------------------
Application for Recordal of Insignia or         10 minutes......................              37               6
 Renewal/Reactivation of Recordal Under the
 Fastener Quality Act (PTO-1611).
                                               -----------------------------------
    Total.....................................  ................................              37               6
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    Estimated Total Annual Non-hour Respondent Cost Burden: $863. There 
are no capital start-up costs, recordkeeping costs, or maintenance 
costs associated with this information collection. However, this 
collection does have annual (non-hour) costs in the form of filing fees 
and postage costs.
    Under 37 CFR 2.7, the filing fee for a recordal of fastener 
insignia or a renewal of an insignia recordal is $20. The USPTO 
estimates that it will receive 37 recordals or renewals of fastener 
insignia per year for a total of $740 in filing fees. If a manufacturer 
submits a renewal after the expiration date but within six months of 
that date, then the manufacturer must pay an additional $20 late 
renewal surcharge. The USPTO estimates that approximately 5 of the 
estimated 37 responses per year will be late renewals that incur the 
surcharge, for a total of $100 in additional charges. Therefore, the 
total estimated filing costs for this collection will be $863 per year.
    The public may submit the information for this collection to the 
USPTO by mail through the United States Postal Service. The USPTO 
estimates that the average first-class postage cost for a mailed 
submission will be 63 cents, for a total postage cost of $23 per year.
    The total non-hour respondent cost burden for this collection in 
the form of filing costs and postage costs is estimated to be $863 per 
year.

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: December 1, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer, Office 
of Data Architecture and Services, Data Administration Division.
 [FR Doc. E5-7062 Filed 12-7-05; 8:45 am]
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