[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Notices]
[Pages 62941-62943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24967]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Applications for Trademark Registration

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 comment on the 
extension of a 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 December 22, 
2014.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0009 comment'' in the subject line of the message.
     Mail: Marcie Lovett, Records Management Division Director, 
Office of the Chief Information Officer, United

[[Page 62942]]

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 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 email to [email protected] with ``Paperwork'' in the 
subject line. 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 who use their marks, or 
intend to use their marks, in commerce regulable by Congress, may file 
an application with the USPTO to register their marks. Registered marks 
remain on the register indefinitely, so long as the owner of the 
registration files the necessary maintenance documents.The rules 
implementing the Trademark Act are set forth in 37 CFR part 2.
    The Act and rules mandate that each certificate of registration 
include the mark, the particular goods and/or services for which the 
mark is registered, the owner's name, dates of use of the mark in 
commerce, and certain other information. The USPTO also provides 
similar information to the public concerning pending applications. 
Individuals or businesses may determine the availability of a mark by 
accessing the register through the USPTO's Web site. Accessing and 
reviewing the USPTO's publicly available information may reduce the 
possibility of initiating use of a mark previously registered or 
adopted by another. Thus, the Federal trademark registration process 
reduces unnecessary litigation and its associated costs and burdens. 
The information in this collection is available to the public.
    Trademarks can be registered on either the Principal or 
Supplemental Register. Registrations on the Principal Register confer 
all of the benefits of registration provided under the Trademark Act. 
Certain marks that are not eligible for registration on the Principal 
Register, but are capable of functioning as a trademark, may be 
registered on the Supplemental Register. Registrations on the 
Supplemental Register do not have all of the benefits of marks on the 
Principal Register. Registrations on the Supplemental Register cannot 
be transferred to the Principal Register, but owners of registrations 
on the Supplemental Register may apply for registration of their marks 
on the Principal Register.
    The information in this collection can be submitted in paper format 
or electronically through the Trademark Electronic Application System 
(TEAS). Applicants that file applications using the TEAS RF or TEAS 
Plus forms pay a reduced filing fee if they agree to file certain 
communications regarding the application through TEAS and to receive 
communications concerning the application by email. TEAS Plus 
applicants are also subject to the additional requirement to file a 
complete application. TEAS Plus applications are only available for 
trademark/service mark applications. There are no TEAS Plus application 
forms available for the certification marks, collective marks, 
collective membership marks, and applications for registration on the 
Supplemental Register at this time.

II. Method of Collection

    Electronically if applicants submit the information using the TEAS 
forms. By mail or hand delivery if applicants choose to submit the 
information in paper form.

III. Data

    OMB Number: 0651-0009.
    Form Number(s): PTO Forms 1478, 1480, 1481, 1482.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions.
    Estimated Number of Respondents: 387,981 responses per year.
    Estimated Time per Response: The USPTO estimates that it takes the 
public approximately 23 minutes (0.38 hours) to 30 minutes (0.50 hours) 
to complete this information, depending on the application. This 
includes the time to gather the necessary information, prepare the 
application, and submit the completed request 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: 149,108.0 hours.
    Estimated Total Annual Respondent Cost Burden: $52,589,960.30. The 
USPTO expects that associate attorneys will complete these 
applications. The professional hourly rate for attorneys in private 
firms is $389. Using this hourly rate, the USPTO estimates that the 
total respondent cost burden for this collection is $52,589,960.30 per 
year.

------------------------------------------------------------------------
                                 Estimated
                                  time for    Estimated      Estimated
                     Item         response      annual     annual burden
                                 (minutes)    responses        hours
------------------------------------------------------------------------
1............  Use-Based                 30        1,248          624
                Trademark/
                Service Mark
                Application
                (Paper).
2............  TEAS Use-Based            25       33,734        14055.83
                Trademark/
                Service Mark
                Application.
3............  TEAS RF Use-              25       48,658       20,274.17
                Based
                Trademark/
                Service Mark
                Application.
4............  TEAS Plus Use-            30       67,241       33,620.5
                Based
                Trademark/
                Service Mark
                Application.
5............  Intent to Use             23        1,748          670.07
                Trademark/
                Service Mark
                Application
                (Paper).
6............  TEAS Intent to            18       47,228       14,168.4
                Use Trademark/
                Service Mark
                Application.
7............  TEAS RF Intent            18       68,122       20,436.6
                to Use
                Trademark/
                Service Mark
                Application.
8............  TEAS Plus                 23       94,137       36,085.85
                Intent to Use
                Trademark/
                Service Mark
                Application.
9............  Application for           25          214           89.17
                Registration
                of Trademark/
                Service Mark
                under Sec.
                44 (d) and
                (e)(Paper).
10...........  TEAS                      19        5,783        1,831.28
                Application
                for
                Registration
                of Trademark/
                Service Mark
                under Sec.
                44 (d) and (e).
11...........  TEAS RF                   19        8,341        2,641.32
                Application
                for
                Registration
                of Trademark/
                Service Mark
                under Sec.
                44 (d) and (e).
12...........  TEAS Plus                 24       11,527        4,610.8
                Application
                for
                Registration
                of Trademark/
                Service Mark
                under Sec.
                44 (d) and (e).
                               -----------------------------------------

[[Page 62943]]

 
    Totals...  ...............  ...........      387,981      149,108.0
------------------------------------------------------------------------

    Estimated Total Annual (Non-hour) Respondent Cost Burden: 
$103,000,866.50. There are no capital start-up, maintenance, or 
operating fees associated with this information collection. However, 
this collection does have annual (non-hour) cost burden in the form of 
postage costs, as well as filing and processing fees.
    Applicants incur postage costs when submitting the non-electronic 
information to the USPTO by mail through the United States Postal 
Service. The USPTO estimates that the overwhelming majority (98%) of 
the paper forms are submitted to the USPTO via first class mail. Out of 
3,210 paper forms, the USPTO estimates that 3,146 forms will be mailed, 
with a first class postage cost of $0.49 cents. Therefore, the USPTO 
estimates that the postage costs for this collection will be $1,541.54.
    There is also annual (non-hour) cost burden in the way of filing 
fees associated with this collection. Applicants who choose to file 
their applications electronically instead of submitting them in paper 
pay a reduced filing fee. Those who choose to file TEAS RF or TEAS Plus 
applications pay a further reduced fee. An application must include a 
filing fee for each class of goods and services. Therefore, the total 
filing fees associated with this collection can vary depending on the 
number of classes in each application. The total filing fees of 
$102,707,775 shown here are based on the minimum fee of one class per 
application.

------------------------------------------------------------------------
                                                          Total non-hour
                    Item        Responses    Filing fee    cost burden
                                   (yr)         ($)            (yr)
                                       (a)          (b)     (a) x (b)(c)
------------------------------------------------------------------------
1...........  Use-Based              1,248      $375.00      $468,000.00
               Trademark/
               Service Mark
               Application
               (Paper).
2...........  TEAS Use-Based        33,734       325.00    10,963,550.00
               Trademark/
               Service Mark
               Application.
3...........  TEAS RF Use-          48,658       275.00    13,380,950.00
               Based
               Trademark/
               Service Mark
               Application.
4...........  TEAS Plus Use-        67,241       225.00    15,129,225.00
               Based
               Trademark/
               Service Mark
               Application.
5...........  Intent to Use          1,748       375.00       655,500.00
               Trademark/
               Service Mark
               Application
               (Paper).
6...........  TEAS Intent to        47,228       325.00    15,349,100.00
               Use Trademark/
               Service Mark
               Application.
7...........  TEAS RF Intent        68,122       275.00    18,733,550.00
               to Use
               Trademark/
               Service Mark
               Application.
8...........  TEAS Plus             94,137       225.00    21,180,825.00
               Intent to Use
               Trademark/
               Service Mark
               Application.
9...........  Application for          214       375.00        80,250.00
               Registration
               of Trademark/
               Service Mark
               under Sec.
               44 (d) and
               (e)(Paper).
10..........  TEAS                   5,783       325.00     1,879,475.00
               Application
               for
               Registration
               of Trademark/
               Service Mark
               under Sec.
               44 (d) and (e).
11..........  TEAS RF                8,341       275.00     2,293,775.00
               Application
               for
               Registration
               of Trademark/
               Service Mark
               under Sec.
               44 (d) and (e).
12..........  TEAS Plus             11,527       225.00     2,593,575.00
               Application
               for
               Registration
               of Trademark/
               Service Mark
               under Sec.
               44 (d) and (e).
                              ------------------------------------------
    Total...  ...............      387,981  ...........   102,707,775.00
------------------------------------------------------------------------

    In addition, the USPTO charges a processing fee of $50 to process 
applications that were originally filed as TEAS Plus or TEAS RF 
applications, but which failed to meet the additional filing and 
prosecution requirements in order to qualify for the reduced fee. The 
USPTO estimates that out of the 172,905 TEAS Plus use-based, intent to 
use, and Sec.  44(d) and (e) applications filed, 3,383 will be subject 
to the processing fee, and that out of the 125,121 TEAS RF use-based, 
intent-to-use, and Sec.  44(d) and (e) applications filed, 2,448 will 
be subject to the processing fee. A processing fee is charged for each 
class of goods and services in the application, so the total processing 
fee can vary depending on the number of classes. The total processing 
fees shown here are based on the minimum fee of one class per 
application. Therefore, the USPTO estimates that at a minimum, the 
processing fees will add $291,550 to the filing fees estimated above.
    The USPTO estimates that the total non-hour cost burden associated 
with the filing and processing fees for this collection will be 
$103,000,866.50.
    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of postage costs and 
filing and processing fees is $103,000,866.50 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: October 15, 2014.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2014-24967 Filed 10-20-14; 8:45 am]
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