[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Page 3745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1437]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-T-2011-0050]
Establishment of a One-Year Retention Period for Trademark-
Related Papers That Have Been Scanned Into the Trademark Initial
Capture Registration System
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO) is
establishing a one-year retention period that began on September 26,
2011, for papers scanned into the Trademark Initial Capture
Registration System (TICRS) prior to September 26, 2011, or began or
begins on a paper's submission date, for papers scanned into TICRS on
or after September 26, 2011. After the expiration of the one-year
retention period, the USPTO will dispose of the paper documents unless,
within sufficient time prior to disposal, the relevant trademark
applicant or owner files a request to correct the electronic record in
TICRS, and the request remains outstanding at the time disposal would
otherwise have occurred. The one-year retention period for papers
scanned into TICRS will reduce the costs currently associated with
indefinitely warehousing paper documents, while permitting sufficient
time for the review and rarely needed correction of the scanning of
such paper documents. The USPTO received no comments to the notice
published September 23, 2011 on this proposal.
DATES: Applicability Date: For papers scanned into TICRS prior to
September 26, 2011, the one-year retention period began on September
26, 2011. For papers scanned into TICRS on or after September 26, 2011,
the one-year retention period began or begins on the paper's submission
date.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by telephone at (571)
272-8742.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2011, the USPTO published a notice and request for
comments on a proposal to establish a retention period of one year for
trademark-related papers that have been scanned into TICRS. See Request
for Comments on Establishment of a One-Year Retention Period for
Trademark-Related Papers That Have Been Scanned Into the Trademark
Initial Capture Registration System, 76 FR 59114 (September 23, 2011),
1371 OG 168 (October 18, 2011). The USPTO received no comments in
response to the notice.
The proposed change to the USPTO's past practice of indefinitely
retaining papers that have been scanned into TICRS stems from the
relatively small number of paper trademark-related submissions received
at the USPTO and the USPTO's practice of scanning all paper documents
into TICRS, resulting in paper documents that duplicate the electronic
record in TICRS. Moreover, the USPTO's multiple reviews of the
electronic record in TICRS to ensure accuracy of the data have rendered
the practice of indefinite paper retention unnecessary and not cost-
effective.
Changes: One-Year Retention Period for Paper Records
In view of the lack of any public comments opposing the
establishment of a one-year retention period, the USPTO is establishing
a one-year retention period for the retention of paper records.
Specifically, the one-year retention period begins on: September 26,
2011, for papers scanned into TICRS prior to September 26, 2011; or a
paper's submission date, for papers scanned into TICRS on or after
September 26, 2011. TICRS is available to the public through the
Trademark Document Retrieval (TDR) and the Trademark Status and
Document Retrieval (TSDR) databases on the USPTO Web site. This plan
allows the USPTO and the public sufficient time to review and determine
the accuracy of the record in TICRS/TDR/TSDR and request any needed
corrections, thereby providing assurance that the record is correct.
The plan also significantly reduces the costs currently associated with
indefinitely warehousing duplicative paper records. Paper filings with
electronic and digital media attachments are not subject to the one-
year retention period and will remain retrievable, consistent with past
practice.
After the expiration of the one-year retention period, the USPTO
will dispose of the paper records, unless a request to correct the
electronic record in TICRS remains outstanding. Requests to correct the
electronic records in TICRS should be emailed to ``[email protected]'' using the subject line ``Electronic Record
Correction'' at least one month prior to the expiration of the one-year
retention period to allow sufficient time to process the request. The
request should include: (1) The serial number or registration number;
(2) the date and nature of the paper document filed; (3) a description
of the error(s) in TICRS/TDR/TSDR; (4) the name and telephone number of
the applicant or owner; and (5) a replacement copy of the paper
document, if available. The USPTO will review the request and update
the record within 21 days of receipt, if appropriate. The applicant or
owner may check TICRS or TDR/TSDR approximately three weeks after
submitting the request to verify entry of the requested changes.
Dated: January 17, 2012.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2012-1437 Filed 1-24-12; 8:45 am]
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