[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Notices]
[Pages 29133-29135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10041]


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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 the revision of a 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 July 23, 2007.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include ``0651-0040 
comment'' in the subject line of the message.
     Fax: 571-273-0112, marked to the attention of Susan K. 
Fawcett.
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, Customer Information Services Group, Public 
Information Services Division, U.S. Patent and Trademark Office, P.O. 
Box 1450, Alexandria, VA 22313-1450.
     Federal e-Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Jyll Taylor, Administrative 
Trademark Judge, Trademark Trial and Appeal Board, United States Patent 
and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by 
telephone at 571-272-4314; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    This collection of information is required by the Trademark Act 
Sections 13, 14, and 20, 15 U.S.C. 1063, 1064, and 1070, respectively. 
Under the Trademark Act, 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 believe 
that they would be damaged by the registration of a mark to file an 
opposition, or an extension of time 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 Trademark Examining Attorney assigned to review an application for 
registration of a mark.
    The USPTO administers the Trademark Act pursuant to 37 CFR part 2, 
which contains the various rules that govern the filing of petitions to 
cancel the registrations of marks, notices of opposition to the 
registration of a mark, extensions of time to file an opposition, 
appeals, and other papers filed in connection with inter partes and ex 
partes proceedings. These petitions, notices, extensions, and 
additional papers are filed with the Trademark Trial and Appeal Board 
(TTAB).
    The information in this collection can be submitted in paper format 
or electronically through the Electronic System for Trademark Trials 
and Appeals (ESTTA). 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, extensions, 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 to time to oppose) must be filed electronically through 
ESTTA. This collection contains two suggested formats and six 
electronic forms.
    The additional papers filed in inter partes and ex parte 
proceedings can be filed in paper or electronically. Although the 
number of paper filings are decreasing in favor of electronic filings, 
there are still a substantial number of paper submissions. Therefore, 
the USPTO is taking this opportunity to add the paper submissions of 
the additional papers that are filed in inter partes and ex parte 
proceedings into the collection.

II. Method of Collection

    By mail, hand delivery, or electronically through ESTTA when a 
party files a petition to cancel a

[[Page 29134]]

trademark registration, an opposition to the registration of a 
trademark, a request to extend the time to file an opposition, a notice 
of appeal, or additional papers for inter partes and ex parte 
proceedings with the USPTO. However, notices of opposition and 
extensions of time to file notices of opposition against the extensions 
of protection under the Madrid Protocol must be filed electronically 
through ESTTA. Only notices of appeal for ex parte appeals can be 
submitted by facsimile, in accordance with 37 CFR 2.195(d)(3).

III. Data

    OMB Number: 0651-0040.
    Form Number(s): PTO 2120, 2151, 2153, 2188, 2189, and 2190.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Business or other for-profit; not-for-profit 
institutions.
    Estimated Number of Respondents: 78,589 responses per year.
    Estimated Time Per Response: The USPTO estimates that it takes the 
public approximately 10 to 45 minutes (0.17 to 0.75 hours) to complete 
this information, depending on the request. This includes the time to 
gather the necessary information, prepare the petitions, notices, 
extensions, or additional papers, and submit the completed request to 
the USPTO. The USPTO believes that it will take the same amount of time 
(and possibly less time) to gather the necessary information, prepare 
the submission, and submit it electronically to the TTAB as it does to 
submit it in paper form.
    Estimated Total Annual Respondent Burden Hours: 18,566 hours.
    Estimated Total Annual Respondent Cost Burden: $3,657,502. The 
USPTO estimates that it will take a 50/50 level of effort by associate 
attorneys and paraprofessionals/paralegals to complete the requirements 
in this collection. The professional hourly rate for associate 
attorneys in private firms is $304, while the hourly rate for 
paraprofessionals/paralegals in private firms is $90. After calculating 
the average of these rates, the USPTO believes that the hourly rate for 
completing the petitions, notices, requests, and other papers will be 
$197. Using this hourly rate, the USPTO estimates that the total 
respondent cost burden for this collection is $3,657,502 per year.

----------------------------------------------------------------------------------------------------------------
                                                                Estimated time     Estimated        Estimated
                             Item                                for response        annual       annual  burden
                                                                  (minutes)        responses          hours
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Petition to Cancel...........................................               45              476              357
Electronic Petition to Cancel................................               45            1,109              832
Notice of Opposition.........................................               45            2,015            1,511
Electronic Notice of Opposition..............................               45            4,975            3,731
Extension of Time to File an Opposition......................               10            2,476              421
Electronic Request for Extension of Time to File an                         10           22,284            3,788
 Opposition..................................................
Papers in Inter Partes Cases (file answers, amendments to                   10           11,500            1,955
 pleadings, amendment of application or registration during
 proceeding, motions (such as consent motions, motions to
 extend, and motions to suspend), evidence, briefs, surrender
 of registration, abandonment of application, documents
 related to concurrent use applications, and appeals to court
 and civil actions in opposition and cancellation
 proceedings)................................................
Electronic Papers in Inter Partes Cases (file answers,                      10           25,000            4,250
 amendments to pleadings, amendment of application or
 registration during proceeding, motions (such as consent
 motions, motions to extend, and motions to suspend),
 evidence, briefs, surrender of registration, abandonment of
 application, documents related to concurrent use
 applications, and appeals to court and civil actions in
 opposition and cancellation proceedings)....................
Notice of Appeal.............................................               15            1,168              292
Electronic Notice of Appeal..................................               15            1,752              438
Miscellaneous Ex Parte Papers................................               10            4,320              734
Electronic Miscellaneous Ex Parte Papers.....................               10            1,514              257
                                                              --------------------------------------------------
    Total....................................................  ...............           78,589           18,566
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    Estimated Total Annual Non-hour Respondent Cost Burden: $2,915,634. 
There are postage and recordkeeping costs, as well as filing fees, 
associated with this information collection. This collection does not 
have any capital start-up or maintenance costs.
    The petitions to cancel, the notices of opposition and appeal, the 
extensions of time to file an opposition, and the additional papers 
filed in inter partes and ex parte cases may be submitted to the USPTO 
or served on other parties by Express or first-class mail through the 
United States Postal Service. These papers can also be hand delivered 
to the TTAB. The USPTO estimates that 6% of the petitions, notices, 
extensions, and additional inter partes and ex parte papers that are 
filed in paper will be submitted using Express Mail. The USPTO 
estimates that the average submission will weigh 2 ounces and that the 
respondent will be mailing the original to the TTAB and serving copies 
on the other parties involved in the proceedings. The USPTO estimates 
that it costs $16.25 to send the petitions, notices, extensions, 
appeals, and additional papers by Express Mail to the TTAB. To account 
for the service of papers on other parties, the USPTO is adding an 
additional 20% of the postage rate for an estimated cost of $19.50. The 
USPTO estimates that up to 1,317 submissions per year may be mailed to 
the USPTO and other parties by Express Mail, for a postage cost of 
$25,682.
    The USPTO believes that 89% of the petitions to cancel, the notices 
of opposition and appeal, the extensions of time to file an opposition, 
and the additional papers filed in inter partes and ex parte 
proceedings that are filed in paper will be sent by first-class mail. 
The USPTO estimates that the average submission will weigh 2 ounces and 
that the respondent will be mailing the original to the TTAB and 
serving copies on the other parties involved in the proceedings. The 
USPTO estimates that it costs 58 cents to mail the petitions, notices, 
extensions, appeals, and additional papers to the TTAB. To account for 
the service of papers on other parties, the USPTO is adding an 
additional 80% of the postage rate for an estimated cost of $1.04. The 
USPTO estimates that up to 19,540 submissions per year may be mailed to 
the USPTO and other parties by first-class mail, for a postage cost of 
$20,322.

[[Page 29135]]

    Therefore, the USPTO estimates that the total postage cost for this 
collection is $46,004 per year.
    In addition, the USPTO also strongly advises applicants who file 
their petitions to cancel, notices of opposition, appeals, extensions 
of time to file an opposition, and additional papers for ex parte and 
inter partes cases electronically to keep a copy of the acknowledgment 
receipt as clear evidence that the file was received by the USPTO on 
the date noted. The USPTO estimates that it will take 5 seconds (0.001 
hours) to print the acknowledgment receipt and that 56,634 petitions, 
notices, extensions, and other papers will be submitted electronically. 
Using the paraprofessional rate of $90 per hour, the USPTO estimates 
that the total recordkeeping cost for this collection will be $5,130 
per year.
    There is also annual nonhour cost burden in the way of filing fees 
associated with this collection. The petitions to cancel and the 
notices of opposition and appeal have filing fees. There are no filing 
fees for the extensions of time to file an opposition. The additional 
papers that are filed in ex parte and inter partes proceedings do not 
have their own specific fees, so they do not add new fees to the 
collection. The filing fees for the petitions to cancel and notices of 
opposition are per class of goods and services in the subject 
application or registration; therefore the total filing fees can vary 
depending on the number of classes. The total filing fees of $2,864,500 
shown here are the minimum fees associated with this information 
collection.

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                                                                                                  Total non-hour
                             Item                               Responses (yr)    Filing fees      cost burden
                                                                                                       (yr)
                                                                           (a)              (b)        (a) x (b)
----------------------------------------------------------------------------------------------------------------
Petition to Cancel...........................................              476          $300.00      $142,800.00
Electronic Petition to Cancel................................            1,109           300.00       332,700.00
Notice of Opposition.........................................            2,015           300.00       604,500.00
Electronic Notice of Opposition..............................            4,975           300.00     1,492,500.00
Extension of Time to File an Opposition......................            2,476             0.00             0.00
Electronic Request for Extension of Time to File an                     22,284             0.00             0.00
 Opposition..................................................
Papers in Inter Partes Cases (file answers, amendments to               11,500             0.00             0.00
 pleadings, amendment of application or registration during
 proceeding, motions (such as consent motions, motions to
 extend, and motions to suspend), evidence, briefs, surrender
 of registration, abandonment of application, documents
 related to concurrent use applications, and appeals to court
 and civil actions in opposition and cancellation
 proceedings)................................................
Electronic Papers in Inter Partes Cases (file answers,                  25,000             0.00             0.00
 amendments to pleadings, amendment of application or
 registration during proceeding, motions (such as consent
 motions, motions to extend, and motions to suspend),
 evidence, briefs, surrender of registration, abandonment of
 application, documents related to concurrent use
 applications, and appeals to court and civil actions in
 opposition and cancellation proceedings)....................
Notice of Appeal.............................................            1,168           100.00       116,800.00
Electronic Notice of Appeal..................................            1,752           100.00       175,200.00
Miscellaneous Ex Parte Papers................................            4,320             0.00             0.00
Electronic Miscellaneous Ex Parte Papers.....................            1,514             0.00             0.00
                                                              --------------------------------------------------
    Totals...................................................           78,589  ...............     2,864,500.00
----------------------------------------------------------------------------------------------------------------

    The USPTO estimates that the total non-hour respondent cost burden 
for this collection, in the form of postage and recordkeeping costs, in 
addition to the filing fees, is $2,915,634 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, including through 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: May 18, 2007.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, 
Customer Information Services Group, Public Information Services 
Division.
[FR Doc. E7-10041 Filed 5-23-07; 8:45 am]
BILLING CODE 3510-16-P