Electronic Response to Office Action and Preliminary Amendment Forms, 72990-72991 [E5-7037]

Download as PDF 72990 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices HTS 9902.51.16, FABRICS, OF WORSTED Officer, Office of Data Architecture and WOOL, WITH AVERAGE FIBER DIAMETER Services, Data Administration Division, OF 18.5 MICRON OR LESS, CERTIFIED BY U.S. Patent and Trademark Office, P.O. THE IMPORTER AS SUITABLE FOR USE IN Box 1450, Alexandria, VA 22313–1450. MAKING MEN’S AND BOYS SUITS (PRO- FOR FURTHER INFORMATION CONTACT: VIDED FOR IN SUBHEADING 5112.11.30 Requests for additional information AND 5112.19.60). should be directed to the attention of Sharon Marsh, Deputy Commissioner Amount allocated: 2,000,000 square meters. for Trademark Examination Policy, Office of the Commissioner for Companies Receiving Allocation: Trademarks, United States Patent and Warren Corporation.–Stafford Springs, CT Trademark Office (USPTO), P.O. Box Dated: December 2, 2005. 1451, Alexandria, VA 22313–1451, by James C. Leonard III, telephone at 571–272–8900, or by e-mail at Sharon.Marsh@uspto.gov. Deputy Assistant Secretary for Textiles, Apparel and Consumer Goods Industries, SUPPLEMENTARY INFORMATION: Department of Commerce. [FR Doc. E5–7080 Filed 12–7–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Patent and Trademark Office Electronic Response to Office Action and Preliminary Amendment Forms ACTION: Proposed collection; comment request. 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 continuing and proposed information collection, as required by the Paperwork Reduction Act of 1995, Pub. L. 104–13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before February 6, 2006. ADDRESSES: You may submit comments by any of the following methods: E-mail: Susan.Brown@uspto.gov. Include ‘‘0651–0050 comment’’ in the subject line of the message. Fax: 571–273–0112, marked to the attention of Susan Brown. Mail: Susan K. Brown, Records Officer, Office of the Chief Information I. Abstract Pursuant to 15 U.S.C. 1051 et. seq and Chapter 37 of the Code of Federal Regulations, the United States Patent and Trademark Office (USPTO) issues Office Actions to applicants that have applied for a trademark application requesting additional information that is required before the issuance of a registration that was not provided with the initial submission of the application. Also, the USPTO may determine that the mark may not be entitled to registration, pursuant to one or more provisions of the Act. In such cases, the USPTO may issue Office Actions advising applicants of the refusal to register the mark. Applicants reply to these Office Actions by providing the required information and/or by putting forth legal arguments as to why the refusal of registration should be withdrawn. Additionally, applicants may supplement their applications by providing additional information voluntarily. When such information is provided before the USPTO has reviewed the application, the submission is in the nature of a Preliminary Amendment. The forms in this collection are available only in electronic format through the Trademark Electronic Application System (TEAS). The Response to Office Action form may be used to reply to an Office Action that was issued in connection with either an application for registration or after the submission of a Statement of Use. II. Method of Collection By electronic transmission. III. Data OMB Number: 0651–0050. Form Number(s): PTO Forms 1957 and 1966. Type of Review: Revision of a currently approved collection. Affected Public: Individuals or households; businesses or other nonprofit; not-for-profit institutions; farms; the Federal Government; and state, local or tribal government. Estimated Number of Respondents: 109,152 responses per year. Estimated Time Per Response: The USPTO estimates that the public will require approximately 10 minutes (0.17 hours) to supply the information requested in the Office Action, and approximately 10 minutes (0.17 hours) to supply the information for the Preliminary Amendment. Completion times may vary, depending upon the nature and amount of information requested in a particular Office Action. Estimated Total Annual Respondent Burden Hours: 18,555 burden hours per year. Estimated Total Annual Respondent Cost Burden: $5,306,730. Using the professional hourly rate of $286 for associate attorneys in private firms, the USPTO estimates $5,306,730 per year for salary costs associated with respondents. However, it is noted that a respondent is not required to retain an attorney to assist in responding to an Office Action. This collection contains two electronic forms. Estimated annual responses Estimated annual burden hours Item Estimated time for response Response to an Action Form ..................................................................... Preliminary Amendment ............................................................................ 10 minutes ....................................... 10 minutes ....................................... 100,155 8,997 17,026 1,529 Total .................................................................................................... .......................................................... 109,152 18,555 Estimated Total Annual Non-hour Respondent Cost Burden: $0. There are no maintenance costs associated with this information collection. Capital start-up costs of $900 reported in the collection approved by OMB on April VerDate Aug<31>2005 16:29 Dec 07, 2005 Jkt 208001 18, 2003 are being deleted. The USPTO no longer reports the cost of purchasing scanners and digital cameras as part of the capital start-up costs of a collection, so the $900 is being deleted from the inventory. There are no filing fees or PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 postage costs associated with either a Response to Office Action or a Preliminary Amendment. However, filing fees that were incurred but not paid when another document was submitted may be provided together E:\FR\FM\08DEN1.SGM 08DEN1 Federal Register / Vol. 70, No. 235 / Thursday, December 8, 2005 / Notices with Responses to Office Actions or Preliminary Amendment. The USPTO calculates these fees as part of another collection. 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: December 1, 2005. Susan K. Brown, Records Officer, U.S. Patent and Trademark Office, Office of the Chief Information Officer, Office of Data Architecture and Services, Data Administration Division. [FR Doc. E5–7037 Filed 12–7–05; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Patent and Trademark Office Fastener Quality Act Insignia Recordal Process ACTION: Proposed collection; comment request. 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 continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Written comments must be submitted on or before February 6, 2006. ADDRESSES: You may submit comments by any of the following methods: DATES: VerDate Aug<31>2005 16:29 Dec 07, 2005 Jkt 208001 • E-mail: Susan.Brown@uspto.gov. Include ‘‘0651–0028 comment’’ in the subject line of the message. • Fax: 571–273–0112, marked to the attention of Susan Brown. • Mail: Susan K. Brown, Records Officer, Office of the Chief Information Officer, Office of Data Architecture and Services, Data Administration Division, U.S. Patent and Trademark Office, PO Box 1450, Alexandria, VA 22313–1450. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the attention of Sharon Marsh, Deputy Commissioner for Trademark Examination Policy, Office of the Commissioner for Trademarks, U.S. Patent and Trademark Office, PO Box 1451, Alexandria, VA 22313–1451; by telephone at 571–272– 8900; or by e-mail at Sharon.Marsh@uspto.gov. SUPPLEMENTARY INFORMATION: I. Abstract Under Section 5 of the Fastener Quality Act (FQA), 15 U.S.C. 5401 et seq. (as amended by Pub. L. 104–113, Pub. L. 105–234, and Pub. L. 106–34), certain industrial fasteners are required to bear an insignia identifying the manufacturer. The manufacturers of these fasteners are required to record the insignia with the USPTO to ensure that a fastener can be traced back to its manufacturer. The procedures for the recordal of insignias under the FQA are set forth in 15 CFR 280.300–280.326. It is mandatory for manufacturers of fasteners covered by the FQA to submit an application to the USPTO for recordal of an insignia on the Fastener Insignia Register. The insignia may be either a unique alphanumeric designation that the USPTO will issue upon request, or a trademark that is either (1) registered at the USPTO or (2) the subject of an application to obtain a registration. Upon successful application for recordal of a fastener insignia, the USPTO will issue a Certificate of Recordal, which remains active for five years and then must be renewed. If ownership of a recorded alphanumeric designation is assigned to another entity, the designation becomes ‘‘inactive’’ and the new owner must submit an application in order to reactivate the designation within six months of the date of assignment. If the recordal is based on a trademark application or registration that is PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 72991 subsequently assigned to a new owner, the recordal becomes ‘‘inactive’’ and cannot be reactivated. Instead, the new owner of the trademark application or registration must apply for a new recordal. This information collection includes one form, the Application for Recordal of Insignia or Renewal/Reactivation of Recordal Under the Fastener Quality Act (PTO–1611), which provides manufacturers with a convenient way to submit a request for the recordal of a fastener insignia or to renew or reactivate an existing Certificate of Recordal. Use of Form PTO–1611 is not mandatory, and applicants may instead prepare requests for recordal using their own format. The public uses this information collection to comply with the insignia recordal provisions of the FQA. The USPTO uses the information in this collection to maintain the Fastener Insignia Register, which is open to public inspection. The public may download the Fastener Insignia Register from the USPTO Web site or purchase printed copies from the USPTO. II. Method of Collection By mail, facsimile, or hand delivery to the USPTO. III. Data OMB Number: 0651–0028. Form Number(s): PTO–1611. Type of Review: Extension of a currently approved collection. Affected Public: Businesses or other for-profits. Estimated Number of Respondents: 37 responses per year. Estimated Time Per Response: The USPTO estimates that it will take the public approximately 10 minutes (0.17 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: 6 hours per year. Estimated Total Annual Respondent Cost Burden: $486 per year. The USPTO expects that the information in this collection will be prepared by paraprofessionals at an estimated rate of $81 per hour. Therefore, the USPTO estimates that the respondent cost burden for this collection will be $486 per year. E:\FR\FM\08DEN1.SGM 08DEN1

Agencies

[Federal Register Volume 70, Number 235 (Thursday, December 8, 2005)]
[Notices]
[Pages 72990-72991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7037]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Electronic Response to Office Action and Preliminary Amendment 
Forms

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

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 
continuing and proposed information collection, as required by the 
Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 
3506(c)(2)(A)).

DATES: Written comments must be submitted on or before February 6, 
2006.

ADDRESSES: You may submit comments by any of the following methods:
    E-mail: Susan.Brown@uspto.gov. Include ``0651-0050 comment'' in the 
subject line of the message.
    Fax: 571-273-0112, marked to the attention of Susan Brown.
    Mail: Susan K. Brown, Records Officer, Office of the Chief 
Information Officer, Office of Data Architecture and Services, Data 
Administration Division, U.S. Patent and Trademark Office, P.O. Box 
1450, Alexandria, VA 22313-1450.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Sharon Marsh, Deputy 
Commissioner for Trademark Examination Policy, Office of the 
Commissioner for Trademarks, United States Patent and Trademark Office 
(USPTO), P.O. Box 1451, Alexandria, VA 22313-1451, by telephone at 571-
272-8900, or by e-mail at Sharon.Marsh@uspto.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

    Pursuant to 15 U.S.C. 1051 et. seq and Chapter 37 of the Code of 
Federal Regulations, the United States Patent and Trademark Office 
(USPTO) issues Office Actions to applicants that have applied for a 
trademark application requesting additional information that is 
required before the issuance of a registration that was not provided 
with the initial submission of the application. Also, the USPTO may 
determine that the mark may not be entitled to registration, pursuant 
to one or more provisions of the Act. In such cases, the USPTO may 
issue Office Actions advising applicants of the refusal to register the 
mark. Applicants reply to these Office Actions by providing the 
required information and/or by putting forth legal arguments as to why 
the refusal of registration should be withdrawn.
    Additionally, applicants may supplement their applications by 
providing additional information voluntarily. When such information is 
provided before the USPTO has reviewed the application, the submission 
is in the nature of a Preliminary Amendment.
    The forms in this collection are available only in electronic 
format through the Trademark Electronic Application System (TEAS). The 
Response to Office Action form may be used to reply to an Office Action 
that was issued in connection with either an application for 
registration or after the submission of a Statement of Use.

II. Method of Collection

    By electronic transmission.

III. Data

    OMB Number: 0651-0050.
    Form Number(s): PTO Forms 1957 and 1966.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
non-profit; not-for-profit institutions; farms; the Federal Government; 
and state, local or tribal government.
    Estimated Number of Respondents: 109,152 responses per year.
    Estimated Time Per Response: The USPTO estimates that the public 
will require approximately 10 minutes (0.17 hours) to supply the 
information requested in the Office Action, and approximately 10 
minutes (0.17 hours) to supply the information for the Preliminary 
Amendment. Completion times may vary, depending upon the nature and 
amount of information requested in a particular Office Action.
    Estimated Total Annual Respondent Burden Hours: 18,555 burden hours 
per year.
    Estimated Total Annual Respondent Cost Burden: $5,306,730. Using 
the professional hourly rate of $286 for associate attorneys in private 
firms, the USPTO estimates $5,306,730 per year for salary costs 
associated with respondents. However, it is noted that a respondent is 
not required to retain an attorney to assist in responding to an Office 
Action. This collection contains two electronic forms.

----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated       Estimated
                     Item                          Estimated time for response        annual      annual  burden
                                                                                     responses         hours
----------------------------------------------------------------------------------------------------------------
Response to an Action Form....................  10 minutes......................         100,155          17,026
Preliminary Amendment.........................  10 minutes......................           8,997           1,529
                                               -----------------------------------
    Total.....................................  ................................         109,152          18,555
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Non-hour Respondent Cost Burden: $0. There 
are no maintenance costs associated with this information collection. 
Capital start-up costs of $900 reported in the collection approved by 
OMB on April 18, 2003 are being deleted. The USPTO no longer reports 
the cost of purchasing scanners and digital cameras as part of the 
capital start-up costs of a collection, so the $900 is being deleted 
from the inventory. There are no filing fees or postage costs 
associated with either a Response to Office Action or a Preliminary 
Amendment. However, filing fees that were incurred but not paid when 
another document was submitted may be provided together

[[Page 72991]]

with Responses to Office Actions or Preliminary Amendment. The USPTO 
calculates these fees as part of another collection.

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: December 1, 2005.
Susan K. Brown,
Records Officer, U.S. Patent and Trademark Office, Office of the Chief 
Information Officer, Office of Data Architecture and Services, Data 
Administration Division.
[FR Doc. E5-7037 Filed 12-7-05; 8:45 am]
BILLING CODE 3510-16-P
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