[Federal Register Volume 73, Number 73 (Tuesday, April 15, 2008)]
[Notices]
[Pages 20257-20258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7980]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Submissions Regarding Correspondence and Regarding Attorney 
Representation (Trademarks)

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 June 16, 2008.

ADDRESSES: You may submit comments by any of the following methods:
    E-mail: [email protected]. Include ``0651-0056 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 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 that use, or intend to 
use such marks in commerce may file an application to register their 
marks with the USPTO. Registered marks remain on the register 
indefinitely so long as the owner of the registration files the 
necessary maintenance documents.
    Such individuals and businesses may also submit various 
communications to the USPTO regarding their pending applications or 
registered trademarks, including providing additional information 
needed to process a pending application, filing amendments to the 
applications, or filing the papers necessary to keep a trademark in 
force. In the majority of circumstances, individuals and businesses 
retain attorneys to handle these matters. As such, these parties may 
also submit communications to the USPTO regarding the appointment of 
attorneys of record or domestic representatives to represent applicants 
in the application process, the revocation of an attorney 's 
appointment, and requests for permission to withdraw from 
representation. Applicants and registrants may also submit change of 
owner's address forms requesting that the USPTO amend the record of an 
application or registration by entering a new address for the applicant 
or registrant.
    The rules implementing the Trademark Act are set forth in 37 CFR 
Part 2. In addition to governing the registration of trademarks, the 
Act and rules also govern the appointments and revocations of attorneys 
and domestic representatives. The trademark rules provide the specifics 
for filing requests for permission to withdraw as the attorney of 
record. The requirements for changes of the owner's address are not 
governed by the trademark rules, but are outlined in the USPTO's 
procedures. The information in this collection is available to the 
public.
    The information in this collection can be submitted in paper format 
or electronically through the Trademark Electronic Application System 
(TEAS). However, there are no official paper forms for these items. 
Individuals and businesses can submit their own paper forms, following 
the USPTO's rules and guidelines to ensure that all of the necessary 
information is provided. This collection contains three 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: 0651-0056.
    Form Number(s): PTO Forms 2196, 2197, and 2201.
    Type of Review: Extension of a currently approved collection.

[[Page 20258]]

    Affected Public: Primarily business or other for-profit 
organizations.
    Estimated Number of Respondents: 160,004 responses per year.
    Estimated Time per Response: The USPTO estimates that it takes the 
public approximately 3 minutes (0.05 hours) to 15 minutes (0.25 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 application 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: 12,491 hours.
    Estimated Total Annual Respondent Cost Burden: $3,797,264. The 
USPTO believes that associate attorneys will complete these 
submissions. 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 $3,797,264.

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                                                            Estimated time
                           Item                              for response    Estimated annual   Estimated annual
                                                                 (min)          responses         burden hours
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Revocation of Attorney/Domestic Representative and/or                    6             13,128              1,313
 Appointment of Attorney/Domestic Representative..........
TEAS Revocation of Attorney/Domestic Representative and/or               5            105,023              8,402
 Appointment of Attorney/Domestic Representative (PTO Form
 2196)....................................................
Request for Permission to Withdraw as Attorney of Record..              15                427                107
TEAS Request for Permission to Withdraw as Attorney of                  12              3,419                684
 Record (PTO Form 2201)...................................
Change of Owner's Address.................................               4              4,223                296
TEAS Change of Owner's Address (PTO Form 2197)............               3             33,784              1,689
                                                           -----------------------------------------------------
    Total.................................................         160,004             12,491  .................
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    Estimated Total Annual Non-hour Respondent Cost Burden: $7,317. 
There are postage costs associated with this information collection. 
This collection does not have any capital start-up, operating, 
maintenance, or recordkeeping costs, nor does it have filing fees.
    Customers 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 17,778 paper 
forms, the USPTO estimates that 17,422 forms will be mailed , with a 
first class postage cost of 42 cents (as of May 12, 2008). Therefore, 
the USPTO estimates that the total non-hour respondent cost burden for 
this collection, in the form of postage costs, is $7,317 per year.


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                                                                  Responses (yr)   Postage costs    Total cost
                              Item                                      (a)             (b)       (yr) (a) x (b)
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Revocation of Attorney/Domestic Representative and/or                     12,865           $0.42       $5,403.00
 Appointment of Attorney/Domestic Representative................
Request for Permission to Withdraw as Attorney of Record........             418            0.42          176.00
Change of Owner's Address Form..................................           4,139            0.42        1,738.00
                                                                 -----------------------------------------------
    Total.......................................................          17,422  ..............        7,317.00
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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, 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: April 8, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, 
Customer Information Services Group, Public Information Services 
Division.
 [FR Doc. E8-7980 Filed 4-14-08; 8:45 am]
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