[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Notices]
[Pages 31308-31309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14181]



[[Page 31308]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


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

ACTION: Proposed extension of an existing information collection; 
comment request.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO), as 
required by the Paperwork Reduction Act of 1995, invites comments on a 
proposed extension of an existing information collection: 0651-0056 
(Submissions Regarding Correspondence and Regarding Attorney 
Representation (Trademarks).

DATES: Written comments must be submitted on or before September 5, 
2017.

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.
     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 Catherine Cain, Attorney Advisor, United States 
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; 
by telephone at 571-272-5966; or by email to [email protected] 
with ``0651-0056 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

    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 business 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 business 
retain attorneys to handle these matters. As such, these parties may 
also submit communications to the USPTO regarding the appointment of 
attorneys to represent applicants or registrants in the application and 
post-registration processes 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 of 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 appointment and revocation 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 form 
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.

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 Control Number: 0651-0056.
    IC Instruments and Forms: PTO Forms 2196 and 2201. The TEAS Global 
Forms: Replacement of Attorney of Record with Another Already-Appointed 
Attorney and Request to Withdraw as Domestic Representative.
    Type of Review: Extension of a Previously Existing Information 
Collection.
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions; individuals.
    Estimated Number of Respondents: 84,291 responses per year. Of this 
total, the USPTO estimates that most responses will be filed through 
TEAS.
    Estimated Time per Response: The USPTO estimates that the response 
time for activities related to this collection will take the public 
approximately 5 to 30 minutes (0.08 to 0.50 hours) to complete this 
information (See Table 1). 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 Time Annual Burden Hours: 7,840.77 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: 
$3,214,715.70 The USPTO expects that attorneys will complete these 
applications. The professional hourly rate for attorneys is $410. The 
rate is established by estimates in the 2015 Report on the Economic 
Survey, published by the Committee on Economics of Legal Practice of 
the American Intellectual Property Law Association. Using this hourly 
rate, the USPTO estimates that the total respondent burden for this 
collection is $3,214,715.70 per year.

[[Page 31309]]



                                                     Table 1--Total Respondent Hour and Cost Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Estimated time       Estimated         Estimated                        Estimated total
                          IC No. Item                             for response         annual         annual burden     Rate  ($/hr)      annual hourly
                                                                     (hour)           responses          hours                             cost burden
                                                                             (a)               (b)               (c)               (d)               (e)
                                                                                                           (a) x (b)                           (c) x (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Revocation, Appointment, and/or Change of Address of                     0.17               150             25.50           $410.00        $10,455.00
 Attorney/Domestic Representative (Paper).....................
1. Revocation, Appointment, and/or Change of Address of                     0.08            75,000          6,000.00            410.00      2,460,000.00
 Attorney/Domestic Representative (TEAS)......................
2. Request for Withdrawal as Attorney of Record/Update of                   0.25                18              4.50            410.00          1,845.00
 USPTO's Database After Power of Attorney Ends (Paper)........
2. Request for Withdrawal as Attorney of Record/Update of                   0.20             9,000            1,8000            410.00        738,000.00
 USPTO's Database After Power of Attorney Ends (TEAS).........
3. Replacement of Attorney of Record with Another Already-                  0.50                 1              0.50            410.00            205.00
 Appointed Attorney (Paper)...................................
3. Replacement of Attorney of Record with Another Already-                  0.50                 1              0.50            410.00            205.00
 Appointed Attorney (TEAS Global).............................
4. Request to Withdraw as Domestic Representative (Paper).....              0.17                 1              0.17            410.00             69.70
4. Request to Withdraw as Domestic Representative (TEAS                     0.08               120              9.60            410.00          3,936.00
 Global)......................................................
                                                               -----------------------------------------------------------------------------------------
    Total.....................................................  ................            84,291          7,840.77  ................      3,214,715.70
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 
289 paper submissions will be mailed for a total non-hour respondent 
cost burden of $82.81.

                                             Table 2--Postage Costs
----------------------------------------------------------------------------------------------------------------
                                                            Estimated annual                      Total postage
                        IC No./Item                             responses       Postage cost          cost
                                                                         (a)               (b)  ................
----------------------------------------------------------------------------------------------------------------
1. Revocation of Attorney/Domestic Representative and/or                 150             $0.49            $73.50
 Appointment of Attorney/Domestic Representative (Paper)..
2. Request for Permission to Withdraw as Attorney of                      18              0.49              8.82
 Record (Paper)...........................................
3. Replacement of Attorney of Records with Another Already                 1              0.49              0.49
 Appointed Attorney (Paper)...............................
4. Request to Withdraw as Domestic Representative (Paper).               120              0.49             58.80
                                                           -----------------------------------------------------
    Total.................................................               289                               82.81
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection is $82.81 due to postage costs.

IV. Request for Comments

    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.
    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.

Marcie Lovett,
Records and Information Governance Division Director, OCTO, United 
States Patent and Trademark Office.
[FR Doc. 2017-14181 Filed 7-5-17; 8:45 am]
 BILLING CODE 3510-16-P