[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Pages 61789-61790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24680]



Patent and Trademark Office

Fastener Quality Act Insignia Recordal Process

ACTION: Proposed collection; comment request.


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 December 16, 

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 K. 
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, Customer Information Services Group, Public 
Information Services Division, United States Patent and Trademark 
Office, P.O. Box 1451, Alexandria, VA 22313-1450.
     Federal Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Sharon R. Marsh, Deputy 
Commissioner for Trademark Examination Policy, Office of the 
Commissioner for Trademarks, U.S. Patent and Trademark Office, P.O. Box 
1451, Alexandria, VA 22313-1451; by telephone at 571-272-7140; or by e-
mail at [email protected].


I. Abstract

    Under Section 5 of the Fastener Quality Act of 1999 (FQA), 15 
U.S.C. 5401 et seq., certain industrial fasteners must bear an insignia 
identifying the manufacturer. The manufacturer must record this 
fastener insignia with the United Stated Patent and Trademark Office 
(USPTO). The procedures for the recordal of fastener insignia under the 
FQA are set forth in 15 CFR 280.300 et seq.
    Manufacturers of certain fasteners are required to record their 
insignia. The purpose of this collection is to ensure that certain 
fasteners can be traced to their manufacturers. 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 
    The insignia may be either a unique alphanumeric designation that 
the USPTO will issue upon request, or a trademark that is either 
registered at the USPTO or is the subject of an application to obtain a 
registration. After a manufacturer submits a complete application for 
recordal, the USPTO issues a Certificate of Recordal. These 
certificates remain active for five years. Applications to maintain the 
certificates must be filed within six months of the expiration date or 
upon payment of an additional surcharge, within six months following 
the expiration date. If a recorded alphanumeric designation is assigned 
by the manufacturer, the designation becomes ``inactive,'' and the new 
owner must submit an application to reactivate the designation within 
six months of assignment. If the recordal is based on a trademark 
application or registration, and that registration is assigned, the 
recordal becomes ``inactive'' and cannot be reactivated. Instead, the 
new owner of the trademark application or registration must apply for a 
new recordal. Manufacturers who record insignia must notify the USPTO 
of any changes of address.
    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. In October of 
2007 OMB approved a Change Worksheet to update the design of Form PTO-
1611 and to include instructions for submitting the completed form by 
electronic mail.
    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, hand delivery, or electronically 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: 130 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 15 minutes (0.25 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: 33 hours per year.
    Estimated Total Annual Respondent Cost Burden: $3,300 per year. The 
USPTO expects that the information in this collection will be prepared 
by paraprofessionals at an estimated rate of $100 per hour. Therefore, 
the USPTO estimates that the respondent cost burden for this collection 
will be $3,300 per year.

[[Page 61790]]

                                                                                     Estimated       Estimated
                     Item                         Estimated time for  response        annual       annual burden
                                                                                     responses         hours
Application for Recordal of Insignia or         15 minutes......................             130              33
 Renewal/Reactivation of Recordal Under the
 Fastener Quality Act (PTO-1611).
    Total.....................................  ................................             130              33

    Estimated Total Annual Non-hour Respondent Cost Burden: $2,845. 
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 is $20, whether it be a new recordal, renewal, or a request 
for reactivation. The USPTO estimates that it will receive 125 new 
recordals or renewals of fastener insignia per year for a total of 
$2,500 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 10 of the estimated 125 responses 
per year will be late renewals that incur the surcharge, for a total of 
$200 in additional charges. If a manufacturer fails to renew or assigns 
an alphanumeric designation assigned by the USPTO to a new owner, the 
current owner may submit a request for reactivation of that same 
alphanumeric designation for a fee of $20. The USPTO estimates 
approximately 5 reactivation requests will be received per year, for a 
total of $100. Therefore, the total estimated filing costs for this 
collection will be $2,800 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 approximately 60 of the 130 responses per year will be 
submitted to the USPTO by mail at an average first-class postage cost 
of 75 cents per response, for a total postage cost of $45 per year.
    The total non-hour respondent cost burden for this collection in 
the form of filing fees ($2,800) and postage costs ($45) is estimated 
to be $2,845 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: October 10, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, 
Customer Information Services Group, Public Information Services 
[FR Doc. E8-24680 Filed 10-16-08; 8:45 am]