[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Notices]
[Pages 27284-27286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10942]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Information Collection; Submissions Regarding Correspondence and 
Regarding Attorney Representation (Trademarks)

ACTION: Notice.

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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 comment on the 
revision of this 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 July 14, 2014.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0056 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 email to [email protected]. 
Additional information about this collection is also available at 
http://www.reginfo.gov under ``Information Collection Review.''

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.
    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.
    The rules implementing the 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 and provide the specifics for filing requests for 
permission to withdraw as the attorney of record. 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 information in this collection can be collected in three 
different formats: Paper format, electronically using TEAS forms with 
dedicated data fields, or electronically using the TEAS Global Form 
format. The TEAS Global Form format permits the USPTO to collect 
information electronically when a TEAS form having dedicated data 
fields is not yet available.
    This collection currently has two TEAS forms and two TEAS Global 
Forms. There are no official paper forms for the items in this 
collection. 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.

[[Page 27285]]

II. Method of Collection

    The forms in this collection are available in electronic format 
through TEAS, which may be accessed on the USPTO Web site. TEAS Global 
Forms are available for the items where a TEAS form with dedicated data 
fields is not yet available. Applicants may also submit the information 
in paper form by mail, fax, or hand delivery.

III. Data

    Title of Collection: Submissions Regarding Correspondence and 
Regarding Attorney Representation.
    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: Regular submission (Renewal of Existing Collection 
with Changes).
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions.
    Estimated Number of Respondents: 108,940 per year. Of this total, 
the USPTO estimates that 103,751 responses will be filed through TEAS.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public approximately 5 to 30 minutes (0.084 hours to 0.50 hours) to 
complete this information, depending on the complexity of 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: 10,540.

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                                                                                     Estimated       Estimated
         Item No.                           Item                  Estimated time      annual       annual burden
                                                                   for response      responses         hours
----------------------------------------------------------------------------------------------------------------
1.........................  Revocation of Attorney/Domestic                   10           4,750             792
                             Representative and/or Appointment
                             of Attorney/Domestic Representative
                             (Paper).
1.........................  Revocation of Attorney/Domestic                    5          95,000            7917
                             Representative and/or Appointment
                             of Attorney/Domestic Representative
                             (TEAS).
2.........................  Request for Permission to Withdraw                15             425             106
                             as Attorney of Record (Paper).
2.........................  Request for Permission to Withdraw                12           8,500            1700
                             as Attorney of Record (TEAS).
5.........................  Replacement of Attorney of Record                 30               1               1
                             with Another Already Appointed
                             Attorney (Paper).
5.........................  Replacement of Attorney of Record                 30               1               1
                             with Another Already Appointed
                             Attorney (TEAS Global).
6.........................  Request to Withdraw as Domestic                   10              13               2
                             Representative (Paper).
6.........................  Request to Withdraw as Domestic                    5             250              21
                             Representative (TEAS Global).
                                                                 -----------------------------------------------
  Totals..................  ....................................  ..............         108,940          10,540
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    Estimated Total Annual Respondent Cost Burden: $4,100,060.
    The USPTO expects that the information in this collection will be 
prepared by attorneys at an estimated rate of $389 per hour.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated                       Estimated
           Item No.                           Item                 annual burden     Attorney      annual burden
                                                                       hours        hourly rate        hours
----------------------------------------------------------------------------------------------------------------
1.............................  Revocation of Attorney/Domestic              792            $389        $308,088
                                 Representative and/or
                                 Appointment of Attorney/
                                 Domestic Representative (Paper).
1.............................  Revocation of Attorney/Domestic             7917             389       3,079,713
                                 Representative and/or
                                 Appointment of Attorney/
                                 Domestic Representative (TEAS).
2.............................  Request for Permission to                    106             389          41,234
                                 Withdraw as Attorney of Record
                                 (Paper).
2.............................  Request for Permission to                   1700             389         661,300
                                 Withdraw as Attorney of Record
                                 (TEAS).
5.............................  Replacement of Attorney of                     1             389             389
                                 Record with Another Already
                                 Appointed Attorney (Paper).
5.............................  Replacement of Attorney of                     1             389             389
                                 Record with Another Already
                                 Appointed Attorney (TEAS
                                 Global).
6.............................  Request to Withdraw as Domestic                2             389             778
                                 Representative (Paper).
6.............................  Request to Withdraw as Domestic               21             389           8,169
                                 Representative (TEAS Global).
                                                                 -----------------------------------------------
    Totals....................  ................................          10,540  ..............       4,100,060
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual (Non-Hour) Respondent Cost Burden: There are 
no filing fees or capital start-up, maintenance, operation, or 
recordkeeping costs associated with this information collection. 
However, this collection does have postage costs associated with it.
    Applicants incur postage costs when submitting the information in 
paper format 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. The USPTO estimates 
that 5086 paper submissions will be mailed, for a total non-hour 
respondent cost burden of $2,492.00.

[[Page 27286]]



----------------------------------------------------------------------------------------------------------------
                                                                  Responses (yr)   Postage costs    Total cost
           Item No.                           Item                      (a)             (b)        (yr) (a x b)
----------------------------------------------------------------------------------------------------------------
1.............................  Revocation of Attorney/Domestic             4655           $0.49        $2328.00
                                 Representative and/or
                                 Appointment of Attorney/
                                 Domestic Representative.
2.............................  Request for Permission to                    417            0.49          209.00
                                 Withdraw as Attorney of Record.
5.............................  Replacement of Attorney of                     1            0.49            1.00
                                 Record with Another Already
                                 Appointed Attorney.
6.............................  Request to Withdraw as Domestic               13            0.49            7.00
                                 Representative.
                                                                 -----------------------------------------------
    Totals....................  ................................           5,086  ..............        2,492.00
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IV. Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record.
    The USPTO is soliciting public comments to: (a) Evaluate 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) Evaluate the accuracy of 
the agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (c) Enhance the quality, utility, and clarity of the information 
to be collected; and (d) Minimize the burden of the collection of 
information on those who are to respond, including through the use of 
appropriate automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.

    Dated: May 8, 2014.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2014-10942 Filed 5-12-14; 8:45 am]
BILLING CODE 3510-16-P