[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Notices]
[Pages 64573-64574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25861]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Fastener Quality Act Insignia Recordal Process
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 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 December 29,
2014.
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: Marcie Lovett, Records Management Division Director,
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 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
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 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.
[[Page 64574]]
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: $3,000. The USPTO
expects that the information in this collection will be prepared by
paraprofessionals at an estimated rate of $125 per hour. Therefore, the
USPTO estimates that the respondent cost burden for this collection
will be approximately $3,000 per year.
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Application for Recordal of Insignia or 15 minutes...................... 95 24
Renewal/Reactivation of Recordal Under the
Fastener Quality Act (PTO-1611).
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Totals.................................... ................................ 95 24
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Estimated Total Annual Non-Hour Respondent Cost Burden: $2,047.
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 $1.42 per response, for a total postage cost of approximately $7 per
year.
The total non-hour respondent cost burden for this collection in
the form of filing fees ($2,040) and postage costs ($7) is estimated to
be $2,047 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 23, 2014.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2014-25861 Filed 10-29-14; 8:45 am]
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