[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Pages 86909-86910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28991]



Patent and Trademark Office

Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Substantive Submissions Made During Prosecution of the 
Trademark Application

    The United States Patent and Trademark Office (USPTO) will submit 
the following information collection request to the Office of 
Management and Budget (OMB) for review and clearance in accordance with 
the Paperwork Reduction Act of 1995, on or after the date of 
publication of this notice. The USPTO invites comment on this 
information collection renewal, which helps the USPTO assess the impact 
of its information collection requirements and minimize the public's 
reporting burden. Public comments were previously requested via the 
Federal Register on October 23, 2020 during a 60-day comment period. 
This notice allows for an additional 30 days for public comments.
    Agency: United States Patent and Trademark Office, Department of 
    Title: Substantive Submissions Made During Prosecution of the 
Trademark Application
    OMB Control Number: 0651-0054.

Forms: (PTO = Patent and Trademark Office)
 PTO 1553 (Allegation of Use (Statement of Use/Amendment to 
Allege Use))
 PTO 1581 (Request for Extension of Time to File a Statement of 
 PTO 2194 (Petition to Revive Abandoned Application--Failure to 
Respond Timely to Office Action)
 PTO 2195 (Petition to Revive Abandoned Application--Failure to 
File Timely Statement of Use or Extension Request)
 PTO 2200 (Request to Delete Section 1(b) Basis, Intent to Use)
 PTO 2202 (Request for Express Abandonment (Withdrawal) of 
 PTO 2301 (Petition to Director)

    Type of Review: Extension and revision of a currently approved 
information collection.
    Number of Respondents: 337,382 respondents per year.
    Average Hour per Response: The USPTO estimates that it will take 
the public from approximately 25 minutes (0.4 hours) to 65 minutes (1.1 
hours) to complete a response, depending on the complexity of the 
situation. This

[[Page 86910]]

includes the time to gather the necessary information, prepare the 
appropriate documents, and submit the information to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 211,639 hours.
    Estimated Total Annual Non-Hour Cost Burden: $39,702,140.
    Needs and Uses: The United States Patent and Trademark Office 
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 
mark with the USPTO. Such individuals and businesses may also submit 
various communications to the USPTO during the prosecution of an 
    This information collection covers the various communications that 
may be submitted by the applicant, including providing additional 
information needed to process a request to delete a particular filing 
basis from an application or to divide an application identifying 
multiple goods and/or services into two or more separate applications. 
This information collection also covers requests for a 6-month 
extension of time to file a statement that the mark is in use in 
commerce or petitions to revive an application that abandoned for 
failure to submit a timely response to an office action or a timely 
statement of use or extension request. In some circumstances, an 
applicant may expressly abandon an application by filing a written 
request for withdrawal of the application.
    The USPTO amended its regulations to set, increase, or decrease 
certain trademark fees, to become effective January 2, 2021, including 
the fees in this information collection.
    Affected Public: Private sector; individuals or households.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view Department of 
Commerce, USPTO information collections currently under review by OMB.
    Written comments and recommendations for this information 
collection should be submitted within 30 days of the publication of 
this notice on the following website www.reginfo.gov/public/do/PRAMain. 
Find this particular information collection by selecting ``Currently 
under 30-day Review--Open for Public Comments'' or by using the search 
function and entering either the title of the information collection or 
the OMB Control Number 0651-0054.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0054 information request'' in the subject line of the message.
     Mail: Kimberly Hardy, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313- 1450.

Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2020-28991 Filed 12-30-20; 8:45 am]