[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
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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).
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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.
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Estimated Estimated
Item No. Item annual burden Attorney annual burden
hours hourly rate hours
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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).
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Totals.................... ................................ 10,540 .............. 4,100,060
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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]]
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Responses (yr) Postage costs Total cost
Item No. Item (a) (b) (yr) (a x b)
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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.
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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]
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