[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1245-1246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00264]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Fastener Quality Act Insignia Recordal Process
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: 0651-0028
(Fastener Quality Act Insignia Recordal Act).
DATES: Written comments must be submitted on or before March 12, 2018.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0028 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, 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 ``0651-0028 comment'' in
the subject line. Additional information about this collection is also
available at http://www.reginfor.gov under ``Information Collection
Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
Under Section 5 of the Fastener Quality Act (FQA) of 1999, 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 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 sourced from an existing trademark registered
at USPTO, from a trademark that is proposed in an application to obtain
a registration currently before the USPTO, or from a unique
alphanumeric designation issued upon request from the USPTO. 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 to a new owner, 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 the registration is
assigned to a new owner, the recordal becomes ``inactive'' and cannot
be reassigned. 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 Renewal.
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 for public
inspection and is updated quarterly. The public may download the
Fastener Insignia Register from the USPTO website.
[[Page 1246]]
III. Method of Collection
By mail, facsimile, hand delivery, or electronic submission to the
USPTO.
III. Data
OMB Number: 0651-0028.
IC Instruments and Forms: PTO-1611.
Type of Review: Revision of a Previously Existing Information
Collection.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 96 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 20 minutes (0.33 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: 32 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden: $4,640.00.
The USPTO estimates that a paraprofessional will complete these
applications. The professional hourly rate for a paraprofessional is
$145. The rate is established by estimates in the 2016 Report on the
Economic Survey, published by the Committee on Economics of Legal
Practice of the American Intellectual Property Law Association.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated time Estimated Estimated Estimated
IC No. Item for responses annual annual burden Rate annual hourly
(hours) responses cost cost ($)
(a) (b) (c) (d) (e)
(a) x (b) (c) x (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1...................................... Applications for Recordal of 0.33 96 32 $145.00 $4,640.00
Insignia or Renewal/
Reactivation of Recordal Under
the Fastener Quality Act.
-------------------------------------------------------------------------------
Totals............................. ............................... .............. 96 32 .............. 4,640.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimate Total Annual Non-hour Respondent Cost Burden: $2,121.96.
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.
Customers may incur postage costs when submitting some of the items
covered by this collection to the USPTO by mail. The USPTO expects that
approximately 98% of the response in this collection will be submitted
electronically. Of the remaining 2%, will be submitted by mail for a
total of 2 mailed submissions. The average cost for a first-class, 1-
ounce large envelope is $0.98. Therefore, the USPTO estimates that the
postage costs for the mailed submissions in this collection will total
$1.96.
There are two filing fees associated with this collection, which
total $2,120.00. These fees are detailed in the table below.
----------------------------------------------------------------------------------------------------------------
Filing fee
IC No. Items Responses Filing fee costs
----------------------------------------------------------------------------------------------------------------
1a................................. Filing an application for 96 $20.00 $1,920.00
recordal of insignia or
renewal/reactivation of
recordal.
1b................................. Surcharge for filing six 10 20.00 200.00
months after the
expiration date--Filing an
application for recordal
of insignia or renewal/
reactivation of recordal.
-----------------------------------------------
Totals......................... ........................... 106 .............. 2,120.00
----------------------------------------------------------------------------------------------------------------
Therefore, the USPTO estimates that the total annual (non-hour)
cost burden for this collection in the form of filing fees ($2,120.00)
and postage costs ($1.96) is $2,121.96 per year.
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. 2018-00264 Filed 1-9-18; 8:45 am]
BILLING CODE 3510-16-P