[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]]
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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.
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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 $3,214,715.70 per year.
[[Page 31309]]
Table 1--Total Respondent Hour and Cost Burden
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Estimated time Estimated Estimated Estimated total
IC No. Item for response annual annual burden Rate ($/hr) annual hourly
(hour) responses hours cost burden
(a) (b) (c) (d) (e)
(a) x (b) (c) x (d)
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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)......................................................
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Total..................................................... ................ 84,291 7,840.77 ................ 3,214,715.70
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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
289 paper submissions will be mailed for a total non-hour respondent
cost burden of $82.81.
Table 2--Postage Costs
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Estimated annual Total postage
IC No./Item responses Postage cost cost
(a) (b) ................
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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
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Total................................................. 289 82.81
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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]
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