[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14696-14698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05574]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Trademark and Trial Appeal Board (TTAB) Actions

ACTION: Proposed collection; comment request.

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SUMMARY: The United States Patent and Trademark Office (USPTO) as 
required by the Paperwork Reduction Act of 1995 invites public comments 
about the proposed extension of an existing information collection: 
Trademark and Trial Appeal Board (TTAB) Actions.

DATES: Written comments must be submitted on or before May 22, 2017.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0040 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Marcie Lovett, Records and Information Governance 
Division Director, Office of the Chief Technology Officer, United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to LaToya Brown,

[[Page 14697]]

United States Patent and Trademark Office, P.O. Box 1450, Alexandria, 
VA 22313-1450; by telephone at 571-272-4283; or by email to 
[email protected] with ``0651-0040 comment'' 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

    This collection of information is required by the Trademark Act of 
1946, Sections 13, 14, and 20, 15 U.S.C. 1063, 1064, and 1070, 
respectively. Under the Trademark Act, any individual or entity that 
adopts a trademark or service mark to identify its goods or services 
may apply to federally register its mark. Section 14 of the Trademark 
Act allows individuals and entities to file a petition to cancel a 
registration of a mark, while Section 13 allows individuals and 
entities who believe that they would be damaged by the registration of 
a mark to file an opposition, or an extension of time to file an 
opposition, to the registration of a mark. Section 20 of the Trademark 
Act allows individuals and entities to file an appeal from any final 
decision of the Trademark Examining Attorney assigned to review an 
application for registration of a mark.
    The USPTO administers the Trademark Act pursuant to 37 CFR part 2, 
which contains the various rules that govern the filing of petitions to 
cancel the registration of a mark, notices of opposition to the 
registration of a mark, extensions of time to file an opposition, 
appeals, and other submissions filed in connection with inter partes 
and ex parte proceedings. These petitions, notices, extensions, and 
additional papers are filed with the Trademark Trial and Appeal Board 
(TTAB), an administrative tribunal empowered to determine the right to 
register and subsequently determine the validity of a trademark.
    The information in this collection must be submitted electronically 
through the Electronic System for Trademark Trials and Appeals (ESTTA). 
There are no paper forms associated with this collection. If applicants 
or entities wish to submit the petitions, notices, extensions, and 
additional papers in inter partes and ex parte cases, they must use the 
forms provided through ESTTA. This collection contains nine electronic 
forms.
    The additional submissions filed in inter partes and ex parte 
proceedings must be filed electronically. Submissions filed in paper 
form are permitted only when ESTTA is unavailable due to technical 
problems, or when extraordinary circumstances are present.
    The information in this collection is a matter of public record, 
and is used by the public for a variety of private business purposes 
related to establishing and enforcing trademark rights. This 
information is important to the public, as both common law trademark 
owners and federal trademark registrants must actively protect their 
own rights.

II. Method of Collection

    The method of collection is by electronic submission through ESTTA 
when a party files a petition to cancel a trademark registration, an 
opposition to the registration of a trademark, a request to extend the 
time to file an opposition, a notice of appeal, or additional papers 
for inter partes and ex parte proceedings with the USPTO. Submissions 
filed in paper form via mail or hand delivery are permitted only when 
ESTTA is unavailable due to technical problems, or when extraordinary 
circumstances are present. Certain submissions in paper must also be 
accompanied by a Petition to the Director. That petition is being added 
to collection 0651-0054 (Substantive Submissions).

III. Data

    OMB Number: 0651-0040.
    IC Instruments and Forms: PTO 2120, 2151, 2153, 2188, 2189, and 
2190.
    Type of Review: Extension of a Previously Existing Information 
Collection.
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions.
    Estimated Number of Respondents: 78,000 responses per year. Of this 
total, the USPTO estimates that approximately 99% (77,220) will be 
filed electronically.
    Estimated Time per Response: The USPTO estimates that it will take 
the public from 10 to 30 minutes (0.17 to 0.50 hours), depending on the 
complexity of the situation, to gather the necessary information, 
prepare the appropriate documents, and submit the information required 
for this collection.
    Estimated Total Annual Respondent Burden Hours: 15,991.67 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: 
$4,405,704.17. The USPTO estimates that it will take a combined effort 
by attorneys and paraprofessional/paralegals to complete the 
requirements in this collection. The hourly rate for attorneys is $410, 
while the hourly rate for paraprofessional/paralegals is $141. After 
calculating the average of these rates, the USPTO estimates that the 
hourly rate for completing the petitions, notices, requests, and other 
papers will be $275.50. Using this hourly rate, the USPTO estimates 
that the total respondent cost burden for this collection will be 
$4,405,704.17 per year.

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                                        Estimated time
    Number              Item             for response     Estimated annual   Estimated annual     Rate ($/hr)
                                           (hours)           responses         burden hours
                ....................                (a)                (b)     (a) x (b)/60 =
                                                                                          (c)
----------------------------------------------------------------------------------------------------------------
1.............  Petition to Cancel..                0.5                  5                2.5            $275.50
1.............  Electronic Petition                 0.5              1,895              947.5             275.50
                 to Cancel.
2.............  Notice of Opposition                0.5                  5                2.5             275.50
2.............  Electronic Notice of                0.5              6,195            3,097.5             275.50
                 Opposition.
3.............  Request for                        0.17                 10               1.67             275.50
                 Extension of Time
                 to File an
                 Opposition.
3.............  Electronic Request                 0.17             18,900              3,150             275.50
                 for Extension of
                 Time to File an
                 Opposition.
4.............  Papers in Inter                    0.17                750                125             275.50
                 Partes Cases.
                    Answers.
                   
                    Amendments to
                    Pleadings.
                   
                    Amendment of
                    Application or
                    Registration
                    During
                    Proceeding.
                    Motions
                    (such as consent
                    motions, motions
                    to extend,
                    motions to
                    suspend, etc.).
                    Evidence
                    Briefs..
                   
                    Surrender of
                    Registration.
                   
                    Abandonment of
                    Application.

[[Page 14698]]

 
                   
                    Documents
                    Related to
                    Concurrent Use
                    Applications.
                    Notice
                    of Intent to
                    Appeal a TTAB
                    decision.
4.............  Electronic                         0.17             40,740              6,790             275.50
                 Submissions in
                 Inter Partes Cases.
                    Answers.
                   
                    Amendments to
                    Pleadings.
                   
                    Amendment of
                    Application or
                    Registration
                    During
                    Proceeding.
                    Motions
                    (such as consent
                    motions, motions
                    to extend,
                    motions to
                    suspend, etc.).
                    Evidence
                    Briefs..
                   
                    Surrender of
                    Registration.
                   
                    Abandonment of
                    Application.
                   
                    Documents
                    Related to
                    Concurrent Use
                    Applications.
                    Notice
                    of Intent to
                    Appeal a TTAB
                    decision.
5.............  Notice of Appeal....               0.25                  5               1.25             275.50
5.............  Electronic Notice of               0.25              3,495             873.75             275.50
                 Appeal.
6.............  Miscellaneous Ex                   0.17                  5               0.83             275.50
                 Parte Papers.
6.............  Electronic                         0.17              5,995             999.17             275.50
                 Miscellaneous Ex
                 Parte Submissions.
                                     ---------------------------------------------------------------------------
    Total.....  ....................  .................             78,000          15,991.67
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    Estimated Total Annual (Non-hour) Respondent Cost Burden: 
$5,744,000.00. There are no capital start-up, maintenance, or record 
keeping costs associated with this information collection. However, 
some filings in this collection have filing fees. The petitions to 
cancel, the notices of opposition, the notices of appeal, the 
extensions of time to file an opposition, and the additional papers 
filed in inter partes and ex parte cases must be submitted to the USPTO 
electronically or served on other parties by email. Express or first-
class mail through the United States Postal Service or hand delivery to 
the TTAB is only available under extraordinary circumstances. There are 
also filing fees associated with this collection. This includes new 
fees as well as fees being returned from collection 0651-0072, which 
has been discontinued. These fees are listed in the accompanying table 
below.

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                                                                     Estimated                    Total non-hour
             Number                            Item                   annual      Filing fee ($)    cost burden
                                                                     responses                          ($)
                                 ...............................             (a)             (b)     (a) x (b) =
                                                                                                             (c)
----------------------------------------------------------------------------------------------------------------
1..............................  Petition to Cancel.............               5         $500.00       $2,500.00
1..............................  Electronic Petition to Cancel..           1,895          400.00      758,000.00
2..............................  Notice of Opposition...........               5          500.00        2,500.00
2..............................  Electronic Notice of Opposition           6,195          400.00    2,478,000.00
3..............................  Ex Parte Appeal to the                        5          300.00        1,500.00
                                  Trademark Trial and Appeal
                                  Board Filed on Paper.
3..............................  Electronic Ex Parte Appeal to             3,495          200.00      699,000.00
                                  the Trademark Trial and Appeal
                                  Board.
4..............................  Request for Extension of Time                 5          200.00        1,000.00
                                  to File an Opposition under
                                  Sec.   2.102(c)(3).
4..............................  Electronic Request for                    9,600          100.00      960,000.00
                                  Extension of Time to File an
                                  Opposition under Sec.
                                  2.102(c)(3).
5..............................  Request for Extension of Time                 5          300.00        1,500.00
                                  to File an Opposition under
                                  Sec.   2.102(c)(1)(ii) or
                                  (c)(2).
5..............................  Electronic Request for                    4,200          200.00      840,000.00
                                  Extension of Time to File an
                                  Opposition Sec.
                                  2.102(c)(1)(ii) or (c)(2).
                                                                 -----------------------------------------------
    Total......................  ...............................          25,410  ..............    5,744,000.00
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    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of filing fees, is 
$5,744,000.00 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: March 10, 2017.
Marcie Lovett,
Records and Information Governance Division Director, OCTO United 
States Patent and Trademark Office.
[FR Doc. 2017-05574 Filed 3-21-17; 8:45 am]
BILLING CODE 1650-15-P