Applications for Trademark Registration, 13211-13214 [E8-4933]

Download as PDF Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices The EFP would include an exemption from the observer requirements at § 679.50. The applicants would use ‘‘sea samplers’’ who are NMFS-trained observers. They would not be deployed as NMFS observers, however, at the time of the EFP fishing. The ‘‘sea samplers’’ would conduct the EFP data collection and perform other observer duties that would normally be required for vessels directed fishing for pollock. The activities under the EFP are not expected to have a significant impact on the human environment as analyzed in the EA for this action (see ADDRESSES). The EFP would be subject to modifications pending any new relevant information regarding the 2010 fishery, including pollock harvest specifications or restructuring of the salmon bycatch management program. In accordance with § 679.6, NMFS has determined that the proposal warrants further consideration and has forwarded the application to the Council to initiate consultation. The Council will consider the EFP application during its April 1– 7, 2008, meeting, which will be held at the Hilton Hotel in Anchorage, Alaska. The applicant has been invited to appear in support of the application. Public Comments Interested persons may comment on the application and on the EA at the April 2008 Council meeting during public testimony. Information regarding the meeting is available at the Council’s website at http://www.fakr.noaa.gov/ npfmc/council.htm. Copies of the application and EA are available for review from NMFS (see ADDRESSES). Authority: 16 U.S.C. 1801 et seq. Dated: March 7, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–4904 Filed 3–11–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648–XG21 Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: The Gulf of Mexico Fishery Management Council to convene its VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 Shrimp Advisory Panel (AP) via conference call. DATES: The Shrimp AP conference call will be held March 31, 2008, at 10 a.m. EST. ADDRESSES: The meeting will be held via conference call and listening stations will be available. For specific locations see SUPPLEMENTARY INFORMATION. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. FOR FURTHER INFORMATION CONTACT: Rick Leard, Deputy Director, Gulf of Mexico Fishery Management Council; telephone: (813) 348–1630. SUPPLEMENTARY INFORMATION: The conference call will begin at 10 a.m. EST and conclude no later than 11 a.m. EST. Listening stations are available at the following locations: The Gulf Council office (see ADDRESSES), and the National Marine Fisheries Service (NMFS) offices as follows: St. Petersburg, FL Galveston, TX 4700 Ave U, Conference room - Bldg 305, Galveston, TX 77551, Contact: Ronnie O’Toole, telephone: (409) 766– 3500; Miami, FL 75 Virginia Beach Drive, Miami, FL, 33149, Contact: Sophia Howard, telephone: (305) 361–4259; and Panama City, FL 3500 Delwood Beach Road, Panama City, FL 32408, Contact: Janice Hamm, telephone: (850) 234–6541. The Shrimp AP will receive a report from the National Marine Fisheries Service (NMFS) on the final estimates of offshore shrimping effort in 2007. If the estimate is less than 74% of the estimated average annual effort during the 2001–03 period, the Shrimp AP may make recommendations for additional time and area closures in accordance with Amendment 27 to the Reef Fish Fishery Management Plan (FMP)/ Amendment 14 to the Shrimp FMP. The Shrimp AP consists principally of commercial shrimp fishermen, dealers, and association representatives. Although other non-emergency issues not on the agenda may come before the SEP for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act Frm 00022 Fmt 4703 (Magnuson-Stevens Act), those issues may not be the subject of formal action during the meeting. Actions will be restricted to the issue specifically identified in the agenda and any issues arising after publication of this notice that require emergency action under Section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the SEP’s intent to take action to address the emergency. Special Accommodations The listening stations are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Tina Trezza at the Council (see ADDRESSES) at least 5 working days prior to the meeting. Dated: March 7, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–4873 Filed 3–11–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE 263 13th Avenue South, St. Petersburg, FL 33701, Contact: Stephen Holiman, telephone: (727) 551–5719; PO 00000 13211 Sfmt 4703 Patent and Trademark Office Applications for Trademark Registration 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 take this opportunity 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 May 12, 2008. ADDRESSES: You may submit comments by any of the following methods: E-mail: Susan.Fawcett@uspto.gov. Include ‘‘0651–0009 comment’’ in the subject line of the message. Fax: 571–273–0112, marked to the attention of Susan K. Fawcett. Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. Federal e-Rulemaking Portal: http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information E:\FR\FM\12MRN1.SGM 12MRN1 13212 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices should be directed to the attention of Janis Long, 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– 9573; or by e-mail at janis.long@ uspto.gov. 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 access the register and pending application information through the USPTO’s website to determine availability of a mark. 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. The Federal trademark registration process may lessen the filing of papers in court and between parties. The information in this collection is available to the public. Trademarks can be registered on either the Principal or Supplemental Registers. Registrations on the Principal Register confer all of the benefits of registration provided under the Trademark Act. The Supplemental Register is for descriptive marks capable of functioning as a trademark that cannot be registered on the Principal 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 their applications through TEAS Plus must agree to provide a complete application at filing and pay a reduced filing fee. TEAS Plus applications are only available for the 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. This collection contains four paper forms and five electronic forms. 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 4.8, 4.9, 1478, and 1478(a). Type of Review: Extension of a currently approved collection. Affected Public: Primarily business or other for-profit organizations. Estimated Number of Respondents: 291,859 responses per year. Estimated Time per Response: The USPTO estimates that it takes the public approximately 15 minutes (0.25 hours) to 23 minutes (0.38 hours) to complete this information, depending on the application. This includes the time to gather the necessary information, prepare the applications, 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: 84,821 hours. Estimated Total Annual Respondent Cost Burden: $25,785,584. The USPTO believes that associate attorneys will complete these applications. The professional hourly rate for associate attorneys in private firms is $304. Using this hourly rate, the USPTO estimates that the total respondent cost burden for this collection is $25,785,584 per year. Estimated time for response (in minutes) Item pwalker on PROD1PC71 with NOTICES II. Method of Collection Use-Based Trademark/Service Mark Application, including ................................................. • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Use-Based Trademark/Service Mark Application, including ....................................... • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Plus Use-Based Trademark/Service Mark Application ............................................... Intent to Use Trademark/Service Mark Application, including .............................................. • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Intent to Use Trademark/Service Mark Application, including .................................... • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Plus Intent to Use Trademark/Service Mark Application ............................................ VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\12MRN1.SGM Estimated annual responses Estimated annual burden hours 23 5,889 2,238 21 58,378 20,432 21 17 37,260 5,466 13,041 1,530 15 117,014 29,254 15 48,514 12,129 12MRN1 13213 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices Estimated time for response (in minutes) Item Estimated annual responses Estimated annual burden hours 20 812 268 Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including ................................................................................................................................ • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Plus Application for Registration of Trademark/Service Mark under §§ 44(d) and (e) Total ................................................................................................................................ Estimated Total Annual Non-hour Respondent Cost Burden: $91,050,313. There are postage costs and filing and processing fees associated with this information collection. This collection does not have any capital start-up, 19 12,396 3,967 19 6,130 1,962 .......................... 291,859 84,821 operation, maintenance, or recordkeeping costs. 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 majority (98%) of the paper forms are submitted to the USPTO via first class mail. Out of 12,167 paper forms, the USPTO estimates that 11,924 forms will be mailed, with a first class postage cost of 41 cents. Therefore, the USPTO estimates that the postage costs for this collection will be $4,888. Responses (yr) Postage costs Total cost (yr) (a) Item (b) (a) × (b) Use-Based Trademark/Service Mark Application, including ....................................................... • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application Intent to Use Trademark/Service Mark Application, including .................................................... • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including ....... • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application 5,771 $0.41 $2,366.00 5,357 0.41 2,196.00 796 0.41 326.00 Total ...................................................................................................................................... 11,924 ........................ 4,888.00 There is also annual nonhour 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 Plus applications pay a further reduced fee. The filing fees for the applications are based per class of goods and services; therefore the total filing fees can vary depending on the number of classes. The total filing fees of $90,867,325 shown here are the minimum fees associated with this information collection. Responses (yr) pwalker on PROD1PC71 with NOTICES Use-Based Trademark/Service Mark Application, including ................................................. • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Use-Based Trademark/Service Mark Application, including ....................................... • Trademark/Service Mark Application • Collective Trademark/Service Mark Application VerDate Aug<31>2005 19:56 Mar 11, 2008 Jkt 214001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Filing fees Total non-hour cost burden (yr) (a) Item (b) (a) × (b) 5,889 $375.00 $2,208,375.00 58,378 325.00 18,972,850.00 E:\FR\FM\12MRN1.SGM 12MRN1 13214 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices Responses (yr) Filing fees Total non-hour cost burden (yr) (a) Item (b) (a) × (b) • Collective Membership Mark • Certification Mark Application TEAS Plus Use-Based Trademark/ Service Mark Application .............................................. Intent to Use Trademark/Service Mark Application, including .............................................. • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Intent to Use Trademark/Service Mark Application, including .................................... • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Plus Intent to Use Trademark/ Service Mark Application ........................................... Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application TEAS Application for Registration of Trademark/Service Mark under §§ 44(d) and (e), including ................................................................................................................................ • Trademark/Service Mark Application • Collective Trademark/Service Mark Application • Collective Membership Mark • Certification Mark Application 37,260 5,466 In addition, the USPTO charges a processing fee of $50 to process applications that were originally filed as TEAS Plus applications, but which failed to meet the requirements. The USPTO estimates that out of the 91,904 TEAS Plus use-based, intent to use, and 325.00 38,029,550.00 48,514 812 275.00 375.00 13,341,350.00 304,500.00 12,396 325.00 4,028,700.00 6,130 291,859 44(d) and (e) applications filed, 3,562 will be subject to the processing fee. The processing fees are based per class of goods and services, so the total processing fee can vary depending on the number of classes. The total processing fees shown here are the 10,246,500.00 2,049,750.00 117,014 TEAS Plus Application for Registration of Trademark/Service Mark under §§ 44(d) and (e) Totals .............................................................................................................................. 275.00 375.00 275.00 .......................... 1,685,750.00 90,867,325.00 minimum fees associated with this information collection. Therefore, the USPTO estimates that at a minimum, the processing fees will add $178,100 to the filing fees estimated above. Responses (yr) Processing fee (yr) Total non-hour cost burden (yr) (a) Item (b) (a) × (b)(c) TEAS Plus Use-Based Applications That Do Not Meet TEAS Plus Requirements ............. TEAS Plus Intent-to-Use Applications That Do Not Meet TEAS Plus Requirements .......... TEAS Plus Applications for Registrations of a Trademark/Service Mark under 44(d) and (e) That Do Not Meet TEAS Plus Requirements .............................................................. 1,880 1,444 $50.00 50.00 $94,000.00 72,200.00 238 50.00 11,900.00 Total ................................................................................................................................ 3,562 .......................... 178,100.00 pwalker on PROD1PC71 with NOTICES The USPTO estimates that the total nonhour cost burden associated with the filing and processing fees for this collection will be $91,045,425. The USPTO estimates that the total non-hour respondent cost burden for this collection, in the form of postage costs and filing and processing fees is $91,050,313 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 VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 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, including through the use of automated collection techniques or other forms of information technology. PO 00000 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: March 5, 2008. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group, Public Information Services Division. [FR Doc. E8–4933 Filed 3–11–08; 8:45 am] BILLING CODE 3510–16–P Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13211-13214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4933]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Applications for Trademark Registration

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 take this 
opportunity 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 May 12, 2008.

ADDRESSES: You may submit comments by any of the following methods:
    E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0009 comment'' in 
the subject line of the message.
    Fax: 571-273-0112, marked to the attention of Susan K. Fawcett.
    Mail: Susan K. Fawcett, Records Officer, Office of the Chief 
Information Officer, Customer Information Services Group, Public 
Information Services Division, U.S. Patent and Trademark Office, P.O. 
Box 1450, Alexandria, VA 22313-1450.
    Federal e-Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information

[[Page 13212]]

should be directed to the attention of Janis Long, 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 571-272-9573; or by e-mail at janis.long@uspto.gov.

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 access the register and pending 
application information through the USPTO's website to determine 
availability of a mark. 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. The Federal trademark 
registration process may lessen the filing of papers in court and 
between parties. The information in this collection is available to the 
public.
    Trademarks can be registered on either the Principal or 
Supplemental Registers. Registrations on the Principal Register confer 
all of the benefits of registration provided under the Trademark Act. 
The Supplemental Register is for descriptive marks capable of 
functioning as a trademark that cannot be registered on the Principal 
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 their applications through TEAS Plus must 
agree to provide a complete application at filing and pay a reduced 
filing fee. TEAS Plus applications are only available for the 
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. This collection contains four paper 
forms and five electronic forms.

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 4.8, 4.9, 1478, and 1478(a).
    Type of Review: Extension of a currently approved collection.
    Affected Public: Primarily business or other for-profit 
organizations.
    Estimated Number of Respondents: 291,859 responses per year.
    Estimated Time per Response: The USPTO estimates that it takes the 
public approximately 15 minutes (0.25 hours) to 23 minutes (0.38 hours) 
to complete this information, depending on the application. This 
includes the time to gather the necessary information, prepare the 
applications, 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: 84,821 hours.
    Estimated Total Annual Respondent Cost Burden: $25,785,584. The 
USPTO believes that associate attorneys will complete these 
applications. The professional hourly rate for associate attorneys in 
private firms is $304. Using this hourly rate, the USPTO estimates that 
the total respondent cost burden for this collection is $25,785,584 per 
year.

----------------------------------------------------------------------------------------------------------------
                                                                Estimated time     Estimated        Estimated
                             Item                                for response        annual       annual  burden
                                                                 (in minutes)      responses          hours
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application, including......               23            5,889            2,238
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Use-Based Trademark/Service Mark Application, including.               21           58,378           20,432
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Use-Based Trademark/Service Mark Application.......               21           37,260           13,041
Intent to Use Trademark/Service Mark Application, including..               17            5,466            1,530
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Intent to Use Trademark/Service Mark Application,                      15          117,014           29,254
 including...................................................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Intent to Use Trademark/Service Mark Application...               15           48,514           12,129

[[Page 13213]]

 
Application for Registration of Trademark/Service Mark under                20              812              268
 Sec.  Sec.   44(d) and (e), including.......................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Application for Registration of Trademark/Service Mark                 19           12,396            3,967
 under Sec.  Sec.   44(d) and (e), including.................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Application for Registration of Trademark/Service                 19            6,130            1,962
 Mark under Sec.  Sec.   44(d) and (e).......................
                                                              --------------------------------------------------
    Total....................................................  ...............          291,859           84,821
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Non-hour Respondent Cost Burden: 
$91,050,313. There are postage costs and filing and processing fees 
associated with this information collection. This collection does not 
have any capital start-up, operation, maintenance, or recordkeeping 
costs.
    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 majority (98%) of the paper forms 
are submitted to the USPTO via first class mail. Out of 12,167 paper 
forms, the USPTO estimates that 11,924 forms will be mailed, with a 
first class postage cost of 41 cents. Therefore, the USPTO estimates 
that the postage costs for this collection will be $4,888.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Total cost
                              Item                                Responses (yr)   Postage costs       (yr)
                                                                             (a)             (b)       (a) x (b)
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application, including.........           5,771           $0.41       $2,366.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
Intent to Use Trademark/Service Mark Application, including.....           5,357            0.41        2,196.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
Application for Registration of Trademark/Service Mark under                 796            0.41          326.00
 Sec.  Sec.   44(d) and (e), including..........................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
                                                                 =================
    Total.......................................................          11,924  ..............        4,888.00
----------------------------------------------------------------------------------------------------------------

    There is also annual nonhour 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 Plus applications pay 
a further reduced fee. The filing fees for the applications are based 
per class of goods and services; therefore the total filing fees can 
vary depending on the number of classes. The total filing fees of 
$90,867,325 shown here are the minimum fees associated with this 
information collection.

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total non-hour
                             Item                               Responses (yr)    Filing fees      cost burden
                                                                                                       (yr)
                                                                           (a)              (b)        (a) x (b)
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application, including......            5,889          $375.00    $2,208,375.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Use-Based Trademark/Service Mark Application, including.           58,378           325.00    18,972,850.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application

[[Page 13214]]

 
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Use-Based Trademark/ Service Mark Application......           37,260           275.00    10,246,500.00
Intent to Use Trademark/Service Mark Application, including..            5,466           375.00     2,049,750.00
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Intent to Use Trademark/Service Mark Application,                 117,014           325.00    38,029,550.00
 including...................................................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Plus Intent to Use Trademark/ Service Mark Application..           48,514           275.00    13,341,350.00
Application for Registration of Trademark/Service Mark under               812           375.00       304,500.00
 Sec.  Sec.   44(d) and (e), including.......................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
TEAS Application for Registration of Trademark/Service Mark             12,396           325.00     4,028,700.00
 under Sec.  Sec.   44(d) and (e), including.................
     Trademark/Service Mark Application
     Collective Trademark/Service Mark Application
     Collective Membership Mark
     Certification Mark Application
                                                              --------------------------------------------------
TEAS Plus Application for Registration of Trademark/Service              6,130           275.00     1,685,750.00
 Mark under Sec.  Sec.   44(d) and (e).......................
    Totals...................................................          291,859  ...............    90,867,325.00
----------------------------------------------------------------------------------------------------------------

    In addition, the USPTO charges a processing fee of $50 to process 
applications that were originally filed as TEAS Plus applications, but 
which failed to meet the requirements. The USPTO estimates that out of 
the 91,904 TEAS Plus use-based, intent to use, and 44(d) and (e) 
applications filed, 3,562 will be subject to the processing fee. The 
processing fees are based per class of goods and services, so the total 
processing fee can vary depending on the number of classes. The total 
processing fees shown here are the minimum fees associated with this 
information collection. Therefore, the USPTO estimates that at a 
minimum, the processing fees will add $178,100 to the filing fees 
estimated above.

 
                                                                           (a)              (b)     (a) x (b)(c)
----------------------------------------------------------------------------------------------------------------
TEAS Plus Use-Based Applications That Do Not Meet TEAS Plus              1,880           $50.00       $94,000.00
 Requirements................................................
TEAS Plus Intent-to-Use Applications That Do Not Meet TEAS               1,444            50.00        72,200.00
 Plus Requirements...........................................
TEAS Plus Applications for Registrations of a Trademark/                   238            50.00        11,900.00
 Service Mark under 44(d) and (e) That Do Not Meet TEAS Plus
 Requirements................................................
                                                              --------------------------------------------------
    Total....................................................            3,562  ...............       178,100.00
----------------------------------------------------------------------------------------------------------------

    The USPTO estimates that the total nonhour cost burden associated 
with the filing and processing fees for this collection will be 
$91,045,425.
    The USPTO estimates that the total non-hour respondent cost burden 
for this collection, in the form of postage costs and filing and 
processing fees is $91,050,313 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, including through 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: March 5, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, 
Customer Information Services Group, Public Information Services 
Division.
[FR Doc. E8-4933 Filed 3-11-08; 8:45 am]
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