[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Pages 45540-45541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19198]



United States 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 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 September 27, 

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.
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, United States Patent and Trademark Office, 
P.O. Box 1450, 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 Catherine Cain, Attorney 
Advisor, Office of the Commissioner for Trademarks, United States 
Patent and Trademark Office, P.O. Box 1451, Alexandria, VA 22313-1451, 
by telephone at 571-272-8946, or by e-mail to [email protected]. 
Additional information about this collection is also available at 
http://www.reginfo.gov under ``Information Collection Review.''


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. It is also mandatory for manufacturers of 
fasteners covered by the FQA to submit an application to the United 
Stated Patent and Trademark Office (USPTO) for recordal of the insignia 
on the Fastener Insignia Register.
    The procedures for the recordal of fastener insignia under the FQA 
are set forth in 15 CFR 280.300 et seq. The purpose of requiring both 
the insignia and the recordation is to ensure that certain fasteners 
can be traced to their manufacturers and to protect against the sale of 
mismarked, misrepresented, or counterfeit fasteners.
    The insignia may be either a unique alphanumeric designation that 
the USPTO will issue upon request or a trademark that is 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 renew 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 the date 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

[[Page 45541]]

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.
    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 record or renew insignias under the FQA and 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.

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: Revision of a currently approved collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 95 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: 24 hours.
    Estimated Total Annual Respondent Cost Burden: $2,928. The USPTO 
expects that the information in this collection will be prepared by 
paraprofessionals at an estimated rate of $122 per hour. Therefore, the 
USPTO estimates that the respondent cost burden for this collection 
will be approximately $2,928 per year.

                                                                                     Estimated       Estimated
                              Item                                Estimated time      annual      annual  burden
                                                                   for response      responses         hours
Application for Recordal of Insignia or Renewal/Reactivation of       15 minutes              95              24
 Recordal Under the Fastener Quality Act (PTO-1611).............
Totals..........................................................  ..............              95              24

    Estimated Total Annual Non-hour Respondent Cost Burden: $2,044. 
There are no capital start-up, recordkeeping, 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 is $20 for a recordal of a new 
fastener insignia, a renewal, or a request for reactivation. The USPTO 
estimates that it will receive 95 new recordals, renewals, or 
reactivations of fastener insignia per year, for a total of $1,900 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 7 of the 95 responses per year will be late renewals that 
incur the surcharge, for a total of $140 in additional charges. 
Therefore, the total estimated filing fees for this collection will be 
$2,040 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 5 of the 95 responses per year will be 
submitted to the USPTO by mail at an average first-class postage cost 
of 88 cents per response, for a total postage cost of approximately $4 
per year.
    The total non-hour respondent cost burden for this collection in 
the form of filing fees ($2,040) and postage costs ($4) is estimated to 
be $2,044 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: July 26, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2011-19198 Filed 7-28-11; 8:45 am]