[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Pages 4007-4009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00933]



Patent and Trademark Office

Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Fastener 
Quality Act Insignia Recordal Process

AGENCY: United States Patent and Trademark Office, Department of 

ACTION: Notice of information collection; request for comment.


SUMMARY: The United States Patent and Trademark Office (USPTO), in 
accordance with the Paperwork Reduction Act of 1995, invites comments 
on the extension and revision of an existing information collection: 
0651-0028 (Fastener Quality Act Insignia Recordal). The purpose of this 
notice is to allow 60 days for public comment preceding submission of 
the information collection to OMB.

DATES: To ensure consideration, comments regarding this information 
collection must be received on or before March 16, 2021.

ADDRESSES: Interested persons are invited to submit written comments by 
any of the following methods. Do not submit Confidential Business 
Information or otherwise sensitive or protected information:
     Email: [email protected]. Include ``0651-
0028 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Kimberly Hardy, Office of the Chief Administrative 
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 information 
collection is also available at http://www.reginfor.gov under 
``Information Collection Review.''


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 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 procedures for the 
recordal of fastener insignia under the FQA are set forth in 15 CFR 
280.300 et seq.
    This information collection covers data gathered in Applications 
for Recordal of Insignia and Applications for Renewal/Reactivation of 
Recordal Under the Fastener Quality Act. Insignias recorded with the 
USPTO 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

[[Page 4008]]

active for 5 years. Applications to renew the certificates must be 
filed within 6 months of the expiration date or, upon payment of an 
additional surcharge, within 6 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 6 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.

III. Method of Collection

    The items in this information collection can be submitted by email, 
mail, facsimile, or hand delivery to the USPTO.

III. Data

    OMB Number: 0651-0028.
    Form Numbers:

 PTO-1611 (Application for Recordal of Insignia or Renewal/
Reactivation of Recordal Under the Fastener Quality Act)

    Type of Review: Revision of a currently approved information 
    Affected Public: Private sector.
    Estimated Number of Respondents: 96 respondents per year.
    Estimated Number of Responses: 96 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 30 minutes (0.5 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: 48 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: $19,200.

                                               Table 1--Total Hourly Burden for Private Sector Respondents
                                                          Estimated        annual      Estimated time   Estimated annual  Rate \1\ ($/  Estimated annual
       Item No.                     Item                   annual         responses     for response     burden (hour/       hour)           burden
                                                         respondents       (year)          (hour)            year)
                                                                                  (a)             (b)    (a) x (b) = (c)          (d)    (c) x (d) = (e)
1....................  Applications for Recordal of                96              96             0.5                 48         $400            $19,200
                        Insignia or Renewal/
                        Reactivation of Recordal
                        Under the Fastener Quality
                          Totals.....................              96              96  ..............                 48  ...........             19,200

    Estimated Total Annual Non-hour Respondent Cost Burden: $2,136. 
There are no capital start-up, recordkeeping, or maintenance costs 
associated with this information collection. However, this information 
collection does have annual (non-hour) costs in the form of filing fees 
($2,120) and postage costs ($16) for an estimated total of $2,136 per 

    \1\ 2019 Report of the Economic Survey, published by the 
Committee on Economics of Legal Practice of the American 
Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms 
which is $400 per hour.

    Customers may incur postage costs when submitting an application 
for recordal to the USPTO by mail. The USPTO expects that 2 items will 
be submitted by mail. As the average cost for a first-class Priority 
Express, legal envelope is $8.05, USPTO estimates that the postage 
costs for this information collection will total $16.
    There are two filing fees associated with this information 
collection on shown in the table below.

                                 Table 2--Total Non-Hour Respondent Cost Burden
                                                                  Estimated                      Total non-hour
         Item No.                         Item                     annual        Cost amount    respondent cost
                                                                  responses                          burden
                                                                          (a)             (b)    (a) x (b) = (c)
1a.......................  Filing an application for recordal              96          $20.00             $1,920
                            of insignia or renewal/
                            reactivation of recordal.
1b.......................  Surcharge for filing 6 months                   10           20.00                200
                            after the expiration date--Filing
                            an application for recordal of
                            insignia or renewal/reactivation
                            of recordal.
                              Totals.........................  ..............  ..............              2,120

    Respondent's Obligation: Required to obtain or retain benefits.

IV. Request for Comments

    The USPTO is soliciting public comments to:
    (a) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (b) Evaluate the accuracy of the Agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (d) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or

[[Page 4009]]

other forms of information technology, e.g., permitting electronic 
submission of responses.
    All comments submitted in response to this notice are a matter of 
public record. USPTO will include or summarize each comment in the 
request to OMB to approve this information collection. Before including 
an address, phone number, email address, or other personal identifying 
information in a comment, be aware that the entire comment--including 
personal identifying information--may be made publicly available at any 
time. While you may ask in your comment to withhold personal 
identifying information from public view, USPTO cannot guarantee that 
it will be able to do so.

Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2021-00933 Filed 1-14-21; 8:45 am]