[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Notices]
[Pages 55323-55325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-17525]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Substantive Submissions Made During the Prosecution of the
Trademark Application
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of information collection; request for comments.
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SUMMARY: The United States Patent and Trademark Office (hereafter
``USPTO'' or ``Agency''), as required by the Paperwork Reduction Act of
1995, invites comments on the extension and revision of an existing
information collection: 0651-0054 (Substantive Submissions Made During
the Prosecution of the Trademark Application). The purpose of this
notice is to allow 60 days for public comments preceding submission of
the information collection to the Office of Management and Budget
(OMB).
DATES: To ensure consideration, you must submit comments regarding this
information collection on or before October 26, 2026.
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-
0054 comment'' in the subject line of the message.
Federal eRulemaking Portal: https://www.regulations.gov.
Mail: Justin Isaac, Office of the Chief Administrative
Officer, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
Telephone: Emily Carlsen, Petitions Office, Office of the
Deputy Commissioner for Trademark Examination Policy, 571-272-2235.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Emily Carlsen, Senior Attorney Advisor, at:
Petitions Office, Office of the Deputy Commissioner of Trademark
Examination Policy, United States Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450; 571-272-2235; or [email protected]
with ``0651-0054 comment'' in the subject line. Additional information
about this information collection is also available at https://www.reginfo.gov under ``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
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
business that use or intend to use such marks in commerce may file an
application to register their marks with the 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 service 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 statement of use or extension
request. Applicants are allowed to file up to five extension requests
over a 30-month period. The USPTO estimates that the average applicant
will file two extension requests per year. 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 trademark 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 business 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 a 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.
II. Method of Collection
Items in this information collection must be submitted as
electronic submissions. In limited circumstances, applicants may be
permitted to submit the information in paper form by mail or hand
delivery.
III. Data
OMB Control Number: 0651-0054.
Forms:
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
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)
[[Page 55324]]
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: 314,085 respondents.
Estimated Number of Annual Responses: 444,085 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately 10
minutes (0.17 hours) to 70 minutes (1.17 hours) to complete. This
includes the time to gather the necessary information, create the
document, and submit the completed item(s) to the USPTO.
Estimated Total Annual Respondent Burden Hours: 324,612 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $178,536,600.
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
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Estimated
Estimated Responses per Estimated Estimated time for Estimated Rate \1\ ($/ annual
Item No. Item annual respondent annual response (hours) burden (hour/ hour) respondent
respondents responses year) cost burden
(a) (b) (a) x (b) = (d)..................... (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
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1......... Allegation of Use 135,000 1 135,000 1....................... 135,000 $550 $74,250,000
(Statement of
Use/Amendment to
Allege Use) PTO-
1553.
2......... Request for 130,000 2 260,000 0.58 (35 minutes)....... 150,800 550 82,940,000
Extension of
Time to File a
Statement of Use
PTO-1581.
3......... Petition to 16,000 1 16,000 1....................... 16,000 550 8,800,000
Revive Abandoned
Application--Fai
lure to Respond
Timely to Office
Action PTO-2194.
4......... Petition to 14,500 1 14,500 0.67 (40 minutes)....... 9,715 550 5,343,250
Revive Abandoned
Application--Fai
lure to File
Timely Statement
of Use or
Extension
Request PTO-2195.
5......... Request to Delete 2,300 1 2,300 0.50 (30 minutes)....... 1,150 550 632,500
Section 1(b)
Basis, Intent to
Use PTO-2200.
6......... Request for 8,200 1 .............. 0.17 (10 minutes)....... 1,394 550 766,700
Express
Abandonment
(Withdrawal) of
Application PTO-
2202.
7......... Request to Divide 3,650 1 3,650 0.67 (40 minutes)....... 2,446 550 1,345,300
Application PTO-
1554.
8......... Response to 900 1 900 1.17 (70 minutes)....... 1,053 550 579,150
Intent-to-Use/
Divisional (ITU/
Divisional) Unit
Office Action
PTO-1555.
9......... Response to 1,000 1 1,000 0.83 (50 minutes)....... 830 550 456,500
Petition to
Revive
Deficiency
Letter PTO-1556.
10........ Petition to 2,450 1 2,450 2.50.................... 6,125 550 3,368,750
Director PTO-
2301.
11........ Petition to 85 1 85 1.17 (70 minutes)....... 99 550 54,450
Revive with
Request to
Delete Section
1(b) Basis or to
Delete ITU Goods/
Services/
Collective
Membership
Organization
After NOA PTO-
1557.
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Totals.. ................. 314,085 ............... 444,085 ........................ 324,612 .............. 178,536,600
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\1\ 2025 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association
(AIPLA); pg. F-35. The USPTO uses the average billing rate for intellectual property work in all firms which is $550 per hour (https://www.aipla.org/home/news-publications/economic-survey/2025-report-of-the-economic-survey).
Estimated Total Annual Respondent Non-hourly Cost Burden:
$61,747,125. There are no capital start-up costs, maintenance costs, or
recordkeeping costs associated with this information collection.
However, the USPTO estimates that the total annual non-hourly cost
burden for this information collection, in the form of filing fees and
postage, is $61,747,125.
Filing Fees
The fees associated with submitting items in this information
collection are outlined in Table 2 below:
[[Page 55325]]
Table 2--Filing Fees
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Estimated
Item No. Fee code Item annual Filing Non-hourly
responses fee ($) cost burden
(a) (b) (a) x (b) =
(c)
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1............... 6002, 6003............. Allegation of Use 14 $250 $3,500
(Statement of Use/
Amendment to Allege Use)
(Paper).
1............... 7002, 7003............. Allegation of Use 134,986 150 20,247,900
(Statement of Use/
Amendment to Allege Use)
(Electronic).
2............... 6004................... Request for Extension of 26 225 5,850
Time to File a Statement
of Use (Paper).
2............... 7004................... Request for Extension of 259,974 125 32,496,750
Time to File a Statement
of Use (Electronic).
3............... 6010................... Petition to Revive 2 350 700
Abandoned Application--
Failure to Respond Timely
to Office Action (Paper).
3............... 7010................... Petition to Revive 15,998 250 3,999,500
Abandoned Application--
Failure to Respond Timely
to Office Action
(Electronic).
4............... 6010................... Petition to Revive 1 350 350
Abandoned Application--
Failure to File Timely
Statement of Use or
Extension Request (Paper).
4............... 7010................... Petition to Revive 14,499 250 3,624,750
Abandoned Application--
Failure to File Timely
Statement of Use or
Extension Request
(Electronic).
7............... 6006................... Request to Divide 1 200 200
Application (Paper).
7............... 7006................... Request to Divide 3,649 100 364,900
Application (Electronic).
10.............. 6005................... Petition to Director 1 500 500
(Paper).
10.............. 7005................... Petition to Director 2,449 400 979,600
(Electronic).
11.............. 6010................... Petition to Revive with 1 350 350
Request to Delete Section
1(b) Basis or to Delete
ITU Goods/Services/
Collective Membership
Organization After NOA
(Paper).
11.............. 7010................... Petition to Revive with 84 250 61,743,000
Request to Delete Section
1(b) Basis or to Delete
ITU Goods/Services/
Collective Membership
Organization After NOA
(Electronic).
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Totals........ ....................... .......................... 431,685 ......... 61,745,850
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Postage Costs
The USPTO requires that the items in this information collection be
submitted electronically. In very limited circumstances, responses may
be submitted by hand or by mail through the United States Postal
Service. The USPTO estimates that 100 items in this information
collection will be submitted in themail. The USPTO estimates that the
average postage cost for a mailed submission, using a Priority Mail
legal flat-rate envelope, will be $13.25. Therefore, the USPTO
estimates the total mailing cost for this information collection is
$1,325.
IV. Request for Comments
The USPTO is soliciting public comments to:
(a) Evaluate whether the 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 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
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. The 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 personally
identifiable information (PII) in a comment, be advised that the entire
comment--including PII--may be made publicly available at any time.
While one may request in a comment to withhold PII from public view,
the USPTO cannot guarantee that it will be able to do so.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2026-17525 Filed 8-26-26; 8:45 am]
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