[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Pages 25623-25624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08906]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-T-2023-0016]


Trademark Public Advisory Committee Public Hearing on the 
Proposed Trademark Fee Schedule

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of public hearing.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is 
announcing the date, time, and place of a public hearing that will be 
held by the Trademark Public Advisory Committee (TPAC) on the USPTO's 
proposed setting or adjusting of trademark fees pursuant to the USPTO's 
fee setting authority under section 10 of the Leahy-Smith America 
Invents Act (AIA). The USPTO will make its proposed trademark fees 
available--as set forth in the SUPPLEMENTARY INFORMATION section of 
this notice--before the TPAC hearing. The public is invited to testify 
at the hearing and submit written comments regarding proposed trademark 
fees.

DATES: A hybrid public hearing will be held on Monday, June 5, 2023, 
from 1-3 p.m. ET. The USPTO will publish a proposed trademark fee 
schedule and related supplementary information for public viewing no 
later than May 19, 2023, on the fee setting and adjusting section of 
the USPTO website, www.uspto.gov/FeeSettingAnd Adjusting. Anyone 
wishing to present oral testimony at the hearing must submit a written 
request for an opportunity to do so no later than May 26, 2023. Written 
comments on proposed trademark fees will be accepted until June 12, 
2023.

ADDRESSES: The public hearing will be held in person in the Clara 
Barton Auditorium at the USPTO, 600 Dulany Street, Alexandria, Virginia 
22314. The hearing will also be available via live feed for those 
wishing to attend remotely. Information on remote attendance will be 
posted on the TPAC section of the USPTO website, www.uspto.gov/tpac, 
before the hearing.

Requests To Present Oral Testimony

    The public is invited to testify at the TPAC hearing regarding 
proposed trademark fees. Anyone wishing to present oral testimony at 
the hearing must submit a request in writing no later than May 26, 
2023. Requests to testify should indicate:
    A. The name of the person wishing to testify;
    B. The person's contact information (telephone number and email 
address);
    C. The organization(s) the person represents, if any;
    D. An indication of the amount of time needed for the testimony; 
and
    E. An indication of whether testimony will be provided in person or 
remotely.
    Speaking slots are limited, and the USPTO may be unable to honor 
all requests. Requests to testify must be submitted by email to Charles 
Joyner at [email protected]. If more requests to provide oral testimony 
are received than time allows, requestors will be invited to submit 
written comments. Time slots will be at least five minutes each. 
Speakers providing testimony at the hearing should submit a written 
copy of their testimony for inclusion in the record of the proceedings 
no later than June 12, 2023.
    An agenda for witness testimony will be sent to testifying 
requesters and posted on the fee setting and adjusting section of the 
USPTO website, www.uspto.gov/FeeSettingAnd Adjusting. If time permits, 
the TPAC may permit unscheduled testimony as well.
    The hearing will be physically accessible to people with 
disabilities. Individuals requiring accommodation, such as sign 
language interpretation or other ancillary aids, should communicate 
their needs to the individuals listed under the FOR FURTHER INFORMATION 
CONTACT section of this notice at least seven (7) business days prior 
to the hearing.

Written Comments

    Written comments on proposed trademark fees must be submitted 
through the Federal eRulemaking Portal at www.regulations.gov. To 
submit comments via the portal, commenters should enter docket number 
PTO-T-2023-0016 on the homepage and select the Search button. The site 
will provide search results listing all documents associated with this 
docket. Commenters can find a reference to this document and select the 
Comment icon, complete the required fields, and enter or attach their 
comments. Attachments to electronic comments will be accepted in Adobe 
portable document format (PDF) or Microsoft Word format. Information 
that you do not want to make public, such as an address or phone 
number, should not be included in the comments to protect your privacy.
    Visit the Federal eRulemaking Portal for additional instructions on 
providing comments via the portal. If electronic submission of comments 
is not possible, please contact the USPTO using the contact information 
below at the FOR FURTHER INFORMATION CONTACT section of this notice for 
special instructions.

Recordings

    A recording of the public hearing will be posted on the fee setting 
and adjusting section of the USPTO website, www.uspto.gov/FeeSettingAnd 
Adjusting, shortly after the hearing.

Transcripts

    A transcript of the hearing will be available on the fee setting 
and adjusting section of the USPTO website, www.uspto.gov/FeeSettingAnd 
Adjusting, shortly after the hearing.

FOR FURTHER INFORMATION CONTACT: Brendan Hourigan, Director, Office of 
Planning and Budget, at 571-272-8966, or at [email protected]; 
or Dianne Buie, Director, Forecasting and Analysis Division, at 571-
272-6301, or at [email protected].

SUPPLEMENTARY INFORMATION: The USPTO is authorized under section 10 of 
the AIA to set or adjust by rule all patent and trademark fees 
established, authorized, or charged under title 35 of the United States 
Code and the Trademark Act of 1946, respectively. This authority was 
extended through

[[Page 25624]]

September 15, 2026, by the Study of Underrepresented Classes Chasing 
Engineering and Science Success Act of 2018 (Pub. L. 115-273). Patent 
and trademark fees set or adjusted by rule under section 10 of the AIA 
may only recover the aggregate estimated costs to the USPTO for 
processing, activities, services, and materials relating to patents and 
trademarks, respectively, including administrative costs of the office 
with respect to each. Congress set forth the process for the USPTO to 
follow in setting or adjusting patent and trademark fees by rule under 
section 10 of the AIA, including additional procedural steps in the 
rulemaking proceeding for the issuance of regulations under this 
section. Congress requires the relevant advisory committee to hold a 
public hearing regarding proposed fees after receiving them from the 
USPTO. Congress, likewise, requires the relevant advisory committee to 
prepare a written report on proposed fees and the USPTO to consider the 
relevant advisory committee's report before setting or adjusting fees.
    The USPTO is planning to exercise its fee setting authority to set 
or adjust trademark fees. The USPTO will publish a proposed trademark 
fee schedule and related supplementary information for public viewing 
no later than May 19, 2023, on the fee setting and adjusting section of 
the USPTO website, www.uspto.gov/FeeSettingAnd Adjusting. The TPAC will 
hold a public hearing regarding the proposed trademark fee schedule on 
the date indicated in this notice. The USPTO will assist the TPAC in 
holding the hearing by providing resources to organize the hearing and 
notifying the public. Following the TPAC public hearing and considering 
all comments, advice, and recommendations, the USPTO, if it continues 
with the fee setting process, will publish a Notice of Proposed 
Rulemaking in the Federal Register, setting forth its proposed 
trademark fees.

Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2023-08906 Filed 4-26-23; 8:45 am]
BILLING CODE 3510-16-P