[Federal Register Volume 79, Number 203 (Tuesday, October 21, 2014)]
[Notices]
[Pages 62941-62943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24967]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Applications for Trademark Registration
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to comment on the
extension of a continuing information collection, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.
3506(c)(2)(A)).
DATES: Written comments must be submitted on or before December 22,
2014.
ADDRESSES: You may submit comments by any of the following methods:
Email: InformationCollection@uspto.gov. Include ``0651-
0009 comment'' in the subject line of the message.
Mail: Marcie Lovett, Records Management Division Director,
Office of the Chief Information Officer, United
[[Page 62942]]
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA
22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.
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 Catherine.Cain@uspto.gov with ``Paperwork'' in the
subject line. Additional information about this collection is also
available at http://www.reginfo.gov under ``Information Collection
Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) 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 who use their marks, or
intend to use their marks, in commerce regulable by Congress, may file
an application with the USPTO to register their marks. Registered marks
remain on the register indefinitely, so long as the owner of the
registration files the necessary maintenance documents.The rules
implementing the Trademark Act are set forth in 37 CFR part 2.
The Act and rules mandate that each certificate of registration
include the mark, the particular goods and/or services for which the
mark is registered, the owner's name, dates of use of the mark in
commerce, and certain other information. The USPTO also provides
similar information to the public concerning pending applications.
Individuals or businesses may determine the availability of a mark by
accessing the register through the USPTO's Web site. Accessing and
reviewing the USPTO's publicly available information may reduce the
possibility of initiating use of a mark previously registered or
adopted by another. Thus, the Federal trademark registration process
reduces unnecessary litigation and its associated costs and burdens.
The information in this collection is available to the public.
Trademarks can be registered on either the Principal or
Supplemental Register. Registrations on the Principal Register confer
all of the benefits of registration provided under the Trademark Act.
Certain marks that are not eligible for registration on the Principal
Register, but are capable of functioning as a trademark, may be
registered on the Supplemental Register. Registrations on the
Supplemental Register do not have all of the benefits of marks on the
Principal Register. Registrations on the Supplemental Register cannot
be transferred to the Principal Register, but owners of registrations
on the Supplemental Register may apply for registration of their marks
on the Principal Register.
The information in this collection can be submitted in paper format
or electronically through the Trademark Electronic Application System
(TEAS). Applicants that file applications using the TEAS RF or TEAS
Plus forms pay a reduced filing fee if they agree to file certain
communications regarding the application through TEAS and to receive
communications concerning the application by email. TEAS Plus
applicants are also subject to the additional requirement to file a
complete application. TEAS Plus applications are only available for
trademark/service mark applications. There are no TEAS Plus application
forms available for the certification marks, collective marks,
collective membership marks, and applications for registration on the
Supplemental Register at this time.
II. Method of Collection
Electronically if applicants submit the information using the TEAS
forms. By mail or hand delivery if applicants choose to submit the
information in paper form.
III. Data
OMB Number: 0651-0009.
Form Number(s): PTO Forms 1478, 1480, 1481, 1482.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits; not-for-profit
institutions.
Estimated Number of Respondents: 387,981 responses per year.
Estimated Time per Response: The USPTO estimates that it takes the
public approximately 23 minutes (0.38 hours) to 30 minutes (0.50 hours)
to complete this information, depending on the application. This
includes the time to gather the necessary information, prepare the
application, and submit the completed request to the USPTO. The time
estimates shown for the electronic forms in this collection are based
on the average amount of time needed to complete and electronically
file the associated form.
Estimated Total Annual Respondent Burden Hours: 149,108.0 hours.
Estimated Total Annual Respondent Cost Burden: $52,589,960.30. The
USPTO expects that associate attorneys will complete these
applications. The professional hourly rate for attorneys in private
firms is $389. Using this hourly rate, the USPTO estimates that the
total respondent cost burden for this collection is $52,589,960.30 per
year.
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Estimated
time for Estimated Estimated
Item response annual annual burden
(minutes) responses hours
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1............ Use-Based 30 1,248 624
Trademark/
Service Mark
Application
(Paper).
2............ TEAS Use-Based 25 33,734 14055.83
Trademark/
Service Mark
Application.
3............ TEAS RF Use- 25 48,658 20,274.17
Based
Trademark/
Service Mark
Application.
4............ TEAS Plus Use- 30 67,241 33,620.5
Based
Trademark/
Service Mark
Application.
5............ Intent to Use 23 1,748 670.07
Trademark/
Service Mark
Application
(Paper).
6............ TEAS Intent to 18 47,228 14,168.4
Use Trademark/
Service Mark
Application.
7............ TEAS RF Intent 18 68,122 20,436.6
to Use
Trademark/
Service Mark
Application.
8............ TEAS Plus 23 94,137 36,085.85
Intent to Use
Trademark/
Service Mark
Application.
9............ Application for 25 214 89.17
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and
(e)(Paper).
10........... TEAS 19 5,783 1,831.28
Application
for
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and (e).
11........... TEAS RF 19 8,341 2,641.32
Application
for
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and (e).
12........... TEAS Plus 24 11,527 4,610.8
Application
for
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and (e).
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[[Page 62943]]
Totals... ............... ........... 387,981 149,108.0
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Estimated Total Annual (Non-hour) Respondent Cost Burden:
$103,000,866.50. There are no capital start-up, maintenance, or
operating fees associated with this information collection. However,
this collection does have annual (non-hour) cost burden in the form of
postage costs, as well as filing and processing fees.
Applicants incur postage costs when submitting the non-electronic
information to the USPTO by mail through the United States Postal
Service. The USPTO estimates that the overwhelming majority (98%) of
the paper forms are submitted to the USPTO via first class mail. Out of
3,210 paper forms, the USPTO estimates that 3,146 forms will be mailed,
with a first class postage cost of $0.49 cents. Therefore, the USPTO
estimates that the postage costs for this collection will be $1,541.54.
There is also annual (non-hour) cost burden in the way of filing
fees associated with this collection. Applicants who choose to file
their applications electronically instead of submitting them in paper
pay a reduced filing fee. Those who choose to file TEAS RF or TEAS Plus
applications pay a further reduced fee. An application must include a
filing fee for each class of goods and services. Therefore, the total
filing fees associated with this collection can vary depending on the
number of classes in each application. The total filing fees of
$102,707,775 shown here are based on the minimum fee of one class per
application.
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Total non-hour
Item Responses Filing fee cost burden
(yr) ($) (yr)
(a) (b) (a) x (b)(c)
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1........... Use-Based 1,248 $375.00 $468,000.00
Trademark/
Service Mark
Application
(Paper).
2........... TEAS Use-Based 33,734 325.00 10,963,550.00
Trademark/
Service Mark
Application.
3........... TEAS RF Use- 48,658 275.00 13,380,950.00
Based
Trademark/
Service Mark
Application.
4........... TEAS Plus Use- 67,241 225.00 15,129,225.00
Based
Trademark/
Service Mark
Application.
5........... Intent to Use 1,748 375.00 655,500.00
Trademark/
Service Mark
Application
(Paper).
6........... TEAS Intent to 47,228 325.00 15,349,100.00
Use Trademark/
Service Mark
Application.
7........... TEAS RF Intent 68,122 275.00 18,733,550.00
to Use
Trademark/
Service Mark
Application.
8........... TEAS Plus 94,137 225.00 21,180,825.00
Intent to Use
Trademark/
Service Mark
Application.
9........... Application for 214 375.00 80,250.00
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and
(e)(Paper).
10.......... TEAS 5,783 325.00 1,879,475.00
Application
for
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and (e).
11.......... TEAS RF 8,341 275.00 2,293,775.00
Application
for
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and (e).
12.......... TEAS Plus 11,527 225.00 2,593,575.00
Application
for
Registration
of Trademark/
Service Mark
under Sec.
44 (d) and (e).
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Total... ............... 387,981 ........... 102,707,775.00
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In addition, the USPTO charges a processing fee of $50 to process
applications that were originally filed as TEAS Plus or TEAS RF
applications, but which failed to meet the additional filing and
prosecution requirements in order to qualify for the reduced fee. The
USPTO estimates that out of the 172,905 TEAS Plus use-based, intent to
use, and Sec. 44(d) and (e) applications filed, 3,383 will be subject
to the processing fee, and that out of the 125,121 TEAS RF use-based,
intent-to-use, and Sec. 44(d) and (e) applications filed, 2,448 will
be subject to the processing fee. A processing fee is charged for each
class of goods and services in the application, so the total processing
fee can vary depending on the number of classes. The total processing
fees shown here are based on the minimum fee of one class per
application. Therefore, the USPTO estimates that at a minimum, the
processing fees will add $291,550 to the filing fees estimated above.
The USPTO estimates that the total non-hour cost burden associated
with the filing and processing fees for this collection will be
$103,000,866.50.
Therefore, the USPTO estimates that the total annual (non-hour)
cost burden for this collection, in the form of postage costs and
filing and processing fees is $103,000,866.50 per year.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, e.g., the use of automated
collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Dated: October 15, 2014.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2014-24967 Filed 10-20-14; 8:45 am]
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