[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13987-13988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5902]
[[Page 13987]]
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DEPARTMENT OF COMMERCE
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 revision of a currently approved
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 16, 2011.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include ``0651-
0056 Submissions'' in the subject line of the message.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, 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 Catherine Cain, 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 571-272-8946; or by e-mail at [email protected]
with ``Paperwork'' in the subject line.
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 to represent applicants in the application process
or, in the case of applicants or registrants who are not domiciled in
the United States, the appointment of domestic representatives on whom
may be served notices or process in proceedings affecting the mark, the
revocation of an attorney's or domestic representative'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). The USPTO has developed a new TEAS Global Form format that
permits the agency to collect information electronically when a TEAS
form having dedicated data fields is not yet available. With the
introduction of the TEAS Global Forms, the information in this
collection can be collected in three different formats: Paper format,
electronically using the original TEAS forms, or electronically using
the TEAS Global Forms.
This collection currently has three TEAS forms with dedicated data
fields. As part of this renewal, the USPTO proposes to add three TEAS
Global Forms: For changing the domestic representative's address,
replacing the attorney of record with another already-appointed
attorney, and requesting the withdrawal of a domestic representative--
into the collection. The paper equivalents will be added as well.
Although this collection does have electronic forms, there are no
official paper forms for these items. Individuals and businesses can
submit their own paper forms, following USPTO rules and guidelines to
ensure that all necessary information is provided.
II. Method of Collection
Electronically if applicants submit the information using the
original TEAS forms or the new TEAS Global Forms. By mail or hand
delivery if applicants choose to submit the information in paper
format.
III. Data
OMB Number: 0651-0056.
Form Number(s): PTO Forms 2196, 2197, and 2201. TEAS Global Forms:
Change of Domestic Representative's Address, Replacement of Attorney of
Record with Another Already-Appointed Attorney, and Request to Withdraw
as Domestic Representative.
Type of Review: Revision of a currently approved collection.
Affected Public: Business or other for-profit organizations.
Estimated Number of Respondents: 123,010 responses per year. Of
this total, the USPTO estimates that 117,151 responses will be
submitted through TEAS.
Estimated Time Per Response: The USPTO estimates that it takes the
public approximately 5 to 15 minutes (0.08 to 0.25 hours) to complete
this information, depending on the application. This includes the time
to gather the necessary information, prepare the requests, and submit
them 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: 10,927 hours.
Estimated Total Annual Respondent Cost Burden: $3,551,275. The
USPTO expects that attorneys will complete these submissions. Using the
professional hourly rate of $325 for attorneys in private firms, the
USPTO estimates $3,551,275 per year for salary costs associated with
respondents.
[[Page 13988]]
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Estimated time Estimated Estimated
Item for response annual annual burden
(in minutes) responses hours
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Revocation of Attorney/Domestic Representative and/or 10 4,000 680
Appointment of Attorney/Domestic Representative (Paper)........
TEAS Revocation of Attorney/Domestic Representative and/or 5 80,000 6,400
Appointment of Attorney/Domestic Representative (PTO Form 2196)
Request for Permission to Withdraw as Attorney of Record (Paper) 15 225 56
TEAS Request for Permission to Withdraw as Attorney of Record 12 4,500 900
(PTO Form 2201)................................................
Change of Owner's Address (Paper)............................... 10 1,600 272
TEAS Change of Owner's Address (PTO Form 2197).................. 5 32,000 2,560
Change of Domestic Representative's Address (Paper)............. 10 13 2
TEAS Change of Domestic Representative's Address (TEAS Global).. 5 250 20
Replacement of Attorney of Record with Another Already-Appointed 10 1 1
Attorney (Paper)...............................................
TEAS Replacement of Attorney of Record with Another Already- 5 1 1
Appointed Attorney (TEAS Global)...............................
Request to Withdraw as Domestic Representative (Paper).......... 10 20 3
TEAS Request to Withdraw as Domestic Representative (TEAS 5 400 32
Global)........................................................
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Totals...................................................... .............. 123,010 10,927
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Estimated Total Annual Non-Hour Respondent Cost Burden: $2,526.
This information collection has postage costs associated with it. It
does not have any operation or maintenance costs, nor does it have
filing fees.
Customers incur postage costs when submitting the information in
paper format. The USPTO estimates that the majority (98%) of paper
submissions are submitted via United States Postal Service first-class
mail. The USPTO estimates these submissions will weigh approximately
one ounce with a first-class postage rate of 44 cents. Out of 5,859
paper submissions, the USPTO estimates that 5,741 will be mailed, for a
total non-hour respondent cost burden of $2,526 in postage costs.
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Total non-hour
Item Responses (a) Postage costs cost burden (a
($) (b) x b) (c)
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Revocation of Attorney/Domestic Representative and/or 3,920 $0.44 $1,725.00
Appointment of Attorney/Domestic Representative................
Request for Permission to Withdraw As Attorney of Record........ 221 0.44 97.00
Change of Owner's Address Form.................................. 1,568 0.44 690.00
Change of Domestic Representative's Address..................... 12 0.44 5.00
Replacement of Attorney of Record with Another Already-Appointed 1 0.44 1.00
Attorney.......................................................
Request to Withdraw as Domestic Representative.................. 19 0.44 8.00
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Totals...................................................... 5,741 .............. 2,526.00
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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, 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 will also become a matter of public record.
Dated: March 10, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2011-5902 Filed 3-14-11; 8:45 am]
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