[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13211-13214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4933]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Applications for Trademark Registration

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 extension 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 May 12, 2008.

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: 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

[[Page 13212]]

should be directed to the attention of Janis Long, Attorney Advisor, 
Office of the Commissioner for Trademarks, United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by 
telephone at 571-272-9573; 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. Registered marks 
remain on the register indefinitely so long as the owner of the 
registration files the necessary maintenance documents.
    The rules implementing the Trademark Act are set forth in 37 CFR 
Part 2. The Act and rules mandate that each certificate of registration 
include the mark, the particular goods and/or services for which the 
mark is registered, the owner's name, dates of use of the mark in 
commerce, and certain other information. The USPTO also provides 
similar information to the public concerning pending applications. 
Individuals or businesses may access the register and pending 
application information through the USPTO's website to determine 
availability of a mark. Accessing and reviewing the USPTO's publicly 
available information may reduce the possibility of initiating use of a 
mark previously registered or adopted by another. The Federal trademark 
registration process may lessen the filing of papers in court and 
between parties. The information in this collection is available to the 
public.
    Trademarks can be registered on either the Principal or 
Supplemental Registers. Registrations on the Principal Register confer 
all of the benefits of registration provided under the Trademark Act. 
The Supplemental Register is for descriptive marks capable of 
functioning as a trademark that cannot be registered on the Principal 
Register. Registrations on the Supplemental Register do not have all of 
the benefits of marks on the Principal Register. Registrations on the 
Supplemental Register cannot be transferred to the Principal Register, 
but owners of registrations on the Supplemental Register may apply for 
registration of their marks on the Principal Register.
    The information in this collection can be submitted in paper format 
or electronically through the Trademark Electronic Application System 
(TEAS). Applicants that file their applications through TEAS Plus must 
agree to provide a complete application at filing and pay a reduced 
filing fee. TEAS Plus applications are only available for the 
trademark/service mark applications. There are no TEAS Plus application 
forms available for the certification marks, collective marks, 
collective membership marks, and applications for registration on the 
supplemental register at this time. This collection contains four paper 
forms and five electronic forms.

II. Method of Collection

    Electronically if applicants submit the information using the TEAS 
forms. By mail or hand delivery if applicants choose to submit the 
information in paper form.

III. Data

    OMB Number: 0651-0009.
    Form Number(s): PTO Forms 4.8, 4.9, 1478, and 1478(a).
    Type of Review: Extension of a currently approved collection.
    Affected Public: Primarily business or other for-profit 
organizations.
    Estimated Number of Respondents: 291,859 responses per year.
    Estimated Time per Response: The USPTO estimates that it takes the 
public approximately 15 minutes (0.25 hours) to 23 minutes (0.38 hours) 
to complete this information, depending on the application. This 
includes the time to gather the necessary information, prepare the 
applications, and submit the completed request to the USPTO. The time 
estimates shown for the electronic forms in this collection are based 
on the average amount of time needed to complete and electronically 
file the associated form.
    Estimated Total Annual Respondent Burden Hours: 84,821 hours.
    Estimated Total Annual Respondent Cost Burden: $25,785,584. The 
USPTO believes that associate attorneys will complete these 
applications. The professional hourly rate for associate attorneys in 
private firms is $304. Using this hourly rate, the USPTO estimates that 
the total respondent cost burden for this collection is $25,785,584 per 
year.

----------------------------------------------------------------------------------------------------------------
                                                                Estimated time     Estimated        Estimated
                             Item                                for response        annual       annual  burden
                                                                 (in minutes)      responses          hours
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application, including......               23            5,889            2,238
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Use-Based Trademark/Service Mark Application, including.               21           58,378           20,432
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Use-Based Trademark/Service Mark Application.......               21           37,260           13,041
Intent to Use Trademark/Service Mark Application, including..               17            5,466            1,530
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Intent to Use Trademark/Service Mark Application,                      15          117,014           29,254
 including...................................................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Intent to Use Trademark/Service Mark Application...               15           48,514           12,129

[[Page 13213]]

 
Application for Registration of Trademark/Service Mark under                20              812              268
 Sec.  Sec.   44(d) and (e), including.......................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Application for Registration of Trademark/Service Mark                 19           12,396            3,967
 under Sec.  Sec.   44(d) and (e), including.................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Application for Registration of Trademark/Service                 19            6,130            1,962
 Mark under Sec.  Sec.   44(d) and (e).......................
                                                              --------------------------------------------------
    Total....................................................  ...............          291,859           84,821
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Non-hour Respondent Cost Burden: 
$91,050,313. There are postage costs and filing and processing fees 
associated with this information collection. This collection does not 
have any capital start-up, operation, maintenance, or recordkeeping 
costs.
    Applicants incur postage costs when submitting the non-electronic 
information to the USPTO by mail through the United States Postal 
Service. The USPTO estimates that the majority (98%) of the paper forms 
are submitted to the USPTO via first class mail. Out of 12,167 paper 
forms, the USPTO estimates that 11,924 forms will be mailed, with a 
first class postage cost of 41 cents. Therefore, the USPTO estimates 
that the postage costs for this collection will be $4,888.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Total cost
                              Item                                Responses (yr)   Postage costs       (yr)
                                                                             (a)             (b)       (a) x (b)
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application, including.........           5,771           $0.41       $2,366.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
Intent to Use Trademark/Service Mark Application, including.....           5,357            0.41        2,196.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
Application for Registration of Trademark/Service Mark under                 796            0.41          326.00
 Sec.  Sec.   44(d) and (e), including..........................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
                                                                 =================
    Total.......................................................          11,924  ..............        4,888.00
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    There is also annual nonhour cost burden in the way of filing fees 
associated with this collection. Applicants who choose to file their 
applications electronically instead of submitting them in paper pay a 
reduced filing fee. Those who choose to file TEAS Plus applications pay 
a further reduced fee. The filing fees for the applications are based 
per class of goods and services; therefore the total filing fees can 
vary depending on the number of classes. The total filing fees of 
$90,867,325 shown here are the minimum fees associated with this 
information collection.

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total non-hour
                             Item                               Responses (yr)    Filing fees      cost burden
                                                                                                       (yr)
                                                                           (a)              (b)        (a) x (b)
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application, including......            5,889          $375.00    $2,208,375.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Use-Based Trademark/Service Mark Application, including.           58,378           325.00    18,972,850.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application

[[Page 13214]]

 
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Use-Based Trademark/ Service Mark Application......           37,260           275.00    10,246,500.00
Intent to Use Trademark/Service Mark Application, including..            5,466           375.00     2,049,750.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Intent to Use Trademark/Service Mark Application,                 117,014           325.00    38,029,550.00
 including...................................................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Intent to Use Trademark/ Service Mark Application..           48,514           275.00    13,341,350.00
Application for Registration of Trademark/Service Mark under               812           375.00       304,500.00
 Sec.  Sec.   44(d) and (e), including.......................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Application for Registration of Trademark/Service Mark             12,396           325.00     4,028,700.00
 under Sec.  Sec.   44(d) and (e), including.................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
                                                              --------------------------------------------------
TEAS Plus Application for Registration of Trademark/Service              6,130           275.00     1,685,750.00
 Mark under Sec.  Sec.   44(d) and (e).......................
    Totals...................................................          291,859  ...............    90,867,325.00
----------------------------------------------------------------------------------------------------------------

    In addition, the USPTO charges a processing fee of $50 to process 
applications that were originally filed as TEAS Plus applications, but 
which failed to meet the requirements. The USPTO estimates that out of 
the 91,904 TEAS Plus use-based, intent to use, and 44(d) and (e) 
applications filed, 3,562 will be subject to the processing fee. The 
processing fees are based per class of goods and services, so the total 
processing fee can vary depending on the number of classes. The total 
processing fees shown here are the minimum fees associated with this 
information collection. Therefore, the USPTO estimates that at a 
minimum, the processing fees will add $178,100 to the filing fees 
estimated above.

 
                                                                           (a)              (b)     (a) x (b)(c)
----------------------------------------------------------------------------------------------------------------
TEAS Plus Use-Based Applications That Do Not Meet TEAS Plus              1,880           $50.00       $94,000.00
 Requirements................................................
TEAS Plus Intent-to-Use Applications That Do Not Meet TEAS               1,444            50.00        72,200.00
 Plus Requirements...........................................
TEAS Plus Applications for Registrations of a Trademark/                   238            50.00        11,900.00
 Service Mark under 44(d) and (e) That Do Not Meet TEAS Plus
 Requirements................................................
                                                              --------------------------------------------------
    Total....................................................            3,562  ...............       178,100.00
----------------------------------------------------------------------------------------------------------------

    The USPTO estimates that the total nonhour cost burden associated 
with the filing and processing fees for this collection will be 
$91,045,425.
    The USPTO estimates that the total non-hour respondent cost burden 
for this collection, in the form of postage costs and filing and 
processing fees is $91,050,313 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: March 5, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, 
Customer Information Services Group, Public Information Services 
Division.
[FR Doc. E8-4933 Filed 3-11-08; 8:45 am]
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