[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Notices]
[Pages 14634-14635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04121]


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DEPARTMENT OF COMMERCE

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 the 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 comments 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 December 4, 2023 during a 60-day comment period (88 
FR 84132). This notice allows for an additional 30 days for public 
comment.
    Agency: United States Patent and Trademark Office, Department of 
Commerce.
    Title: Substantive Submissions Made During the Prosecution of the 
Trademark Application.
    OMB Control Number: 0651-0054.
    Needs and Uses: This collection of information is required by the 
Trademark Act, 15 U.S.C. 1051 et seq., which provides for the 
registration of trademarks, service marks, collective trademarks and 
collective 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 United States Patent and Trademark Office (USPTO).
    Such individuals and businesses may also submit various 
communications to the USPTO, 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. Applicants may seek 
a six-month extension of time to file a statement that the mark is in 
use in commerce or submit a petition to revive an application that was 
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 request for withdrawal of the application.
    The rules implementing the Trademark Act are set forth in 37 CFR 
part 2. These rules mandate that each register entry include the mark, 
the goods and/or services in connection with which the mark is used, 
ownership information, dates of use, and certain other information. The 
USPTO also provides similar information concerning pending 
applications. The register and pending application information may be 
accessed by an individual or by businesses to determine the 
availability of a mark. By accessing the USPTO's information, parties 
may reduce the possibility of initiating use of a mark previously 
adopted by another. As a result, the Federal trademark registration 
process is intended to reduce unnecessary litigation, and its 
accompanying costs and burdens.
    The information in this collection is used to process the 
substantive submissions made during prosecution of the trademark 
application. The submissions in this information collection are a 
matter of public record and are used by the public for a variety of 
private business purposes related to establishing and enforcing 
trademark rights. The information is accessible online, through the 
USPTO website, as well as through various USPTO facilities.
    Form Numbers:

 PTO 1553 (Allegation of Use (Statement of Use/Amendment to 
Allege Use))
 PTO 1554 (Request to Divide Application)
 PTO 1555 (Response to Intent-to-Use/Divisional (ITU/
Divisional) Unit Office Action)
 PTO 1556 (Response to Petition to Revive Deficiency Letter)
 PTO 1557 (Petition to Revive with Request to Delete Section 
1(b) Basis or to Delete ITU Goods/Services/Collective Membership 
Organization After NOA)
 PTO 1581 (Request for Extension of Time to File a Statement of 
Use)
 PTO 2194 (Petition to Revive Abandoned Application--Failure to 
Respond Timely to Office Action)
 PTO 2195 (Petition to Revive Abandoned Application--Failure to

[[Page 14635]]

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 
Application)
 PTO 2301 (Petition to Director)

    Type of Review: Extension and revision of a currently approved 
information collection.
    Affected Public: Private sector.
    Respondent's Obligation: Required to obtain or retain benefits.
    Frequency: On occasion.
    Estimated Number of Annual Respondents: 373,293 respondents.
    Estimated Number of Annual Responses: 373,293 responses.
    Estimated Time per Response: The USPTO estimates that the responses 
in this information collection will take the public approximately 
between 30 minutes (0.5 hours) and 70 minutes (1.17 hours) to complete. 
This includes the time to gather the necessary information, create the 
document, and submit the information to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 265,556 hours.
    Estimated Total Annual Respondent Non-Hourly Cost Burden: 
$43,517,005.
    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: Justin Isaac, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450.

Justin Isaac,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2024-04121 Filed 2-27-24; 8:45 am]
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