Applications for Trademark Registration, 35411-35415 [2011-15016]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices been submitted by the above-named applicant. The requested permit amendment has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216), the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR parts 222–226). The amendment grants authorization for the following in AK: (1) Double the number of non-pup sea lions surveyed to accommodate one winter aerial survey of the Aleutian Islands per year; (2) shift some resight effort from the non-breeding season (August-May) to the breeding season (June-July) with increased potential disturbance for JuneJuly and for August-May; (3) visit additional sites to supplement aerial surveys if logistics prevent aircraft access to sites with increased potential disturbance; (4) permanently mark (hotbrand) additional pups annually at rookeries in the Aleutian Islands (west of 170° W) in 2011 and 2013; and (5) for a subset of pups handled for permanent marking, add collection of blubber biopsies for fatty acid and toxicology analyses; collection of fecal loops for determination of parasites, disease, and hormone concentrations; collection of milk by stomach lavage; pulling a vibrissae; and external ultrasound. The amendment also includes authorization for the following in CA, OR, and WA: (1) Increase the number of aerial surveys flown per year from 4 to 12; (2) increase the number of vessel surveys that may occur at any one site per year (depending on funding, staffing, vessel availability, weather) from 12 to 24; and (3) increase the number of ground surveys that may occur at any one site per year (depending on funding, staffing, vessel availability, weather) from 5 to 24. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), NMFS has determined that the activities proposed are consistent with the Preferred Alternative in the Final Programmatic Environmental Impact Statement for Steller Sea Lion and Northern Fur Seal Research (NMFS 2007), and that issuance of the permit would not have a significant adverse impact on the human environment. As required by the ESA, issuance of this permit was based on a finding that such permit: (1) Was applied for in good faith; (2) will not operate to the disadvantage of such endangered VerDate Mar<15>2010 17:39 Jun 16, 2011 Jkt 223001 species; and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: June 13, 2011. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2011–15134 Filed 6–16–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA495 Marine Mammals; File No. 16000 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. AGENCY: Notice is hereby given that a permit has been issued to Wild Horizons LTD, 59 Cotham Hill, Cotham, Bristol, BS6 6JR, United Kingdom to conduct commercial/educational photography. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following offices: Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 713–2289; fax (301) 713–0376; and Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, Florida 33701; phone (727) 824–5312; fax (727) 824–5309. FOR FURTHER INFORMATION CONTACT: Joselyd Garcia-Reyes or Kristy Beard, (301) 713–2289. SUPPLEMENTARY INFORMATION: On January 18, 2011, notice was published in the Federal Register (76 FR 2888) that a request for a permit to conduct commercial/educational photography of bottlenose dolphins (Tursiops truncatus) had been submitted by the above-named applicant. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). Wild Horizons LTD is authorized to film bottlenose dolphin strand feeding events in the estuaries and creeks of Bull Creek and around Hilton Head, South Carolina. Filmmakers may use two filming platforms: an inflatable 21ft SUMMARY: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 35411 boat and a helicopter. Up to 500 dolphins annually may be approached and filmed. Footage will be used to create a 7-part television series, Wild Planet: North America, for the Discovery Channel. The premise of the series is to provide a definitive guide to the natural history of the North American Continent and have a dedicated episode on each biome. The permit will expire August 31, 2012. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: June 13, 2011. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2011–15155 Filed 6–16–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office Applications for Trademark Registration ACTION: Proposed collection; comment request. 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 August 16, 2011. ADDRESSES: You may submit comments by any of the following methods: • E-mail: InformationCollection@uspto.gov. Include ‘‘0651–0009 comment’’ in the subject line of the message. • Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. • Federal Rulemaking Portal: http:// www.regulations.gov. SUMMARY: FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Catherine Cain, E:\FR\FM\17JNN1.SGM 17JNN1 35412 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices 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 e-mail 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 access the register and pending application information through the USPTO’s Web site 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. Thus, 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 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) using a regular TEAS application form or a TEAS Plus application form. Applicants that file their applications using the TEAS Plus form pay a reduced filing fee if they file a complete application, agree to file certain communications regarding the application through TEAS, and agree to receive communications concerning the application by e-mail. 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 emcdonald on DSK2BSOYB1PROD with NOTICES Item 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: Businesses or other for-profits; and not-for-profit institutions. Estimated Number of Respondents: 380,289 responses per year. Estimated Time per Response: The USPTO estimates that it takes the public approximately 18 minutes (0.30 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: 132,106 hours. Estimated Total Annual Respondent Cost Burden: $42,934,450. The USPTO expects that associate attorneys will complete these applications. The professional hourly rate for attorneys in private firms is $325. Using this hourly rate, the USPTO estimates that the total respondent cost burden for this collection is $42,934,450 per year. Estimated time for response 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. Register at this time. This collection contains three paper forms and six electronic forms. VerDate Mar<15>2010 17:39 Jun 16, 2011 Jkt 223001 PO 00000 Frm 00017 Estimated annual responses Estimated annual burden hours 30 minutes ............................................... 2,342 1,171 25 minutes ............................................... 92,902 39,019 25 minutes ............................................... 23 minutes ............................................... 46,842 3,548 19,674 1,348 18 minutes ............................................... 140,720 42,216 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1 35413 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices Estimated time for response Estimated annual responses Estimated annual burden hours 18 minutes ............................................... 25 minutes ............................................... 70,951 379 21,285 159 19 minutes ............................................... 15,028 4,809 19 minutes ............................................... 7,577 2,425 .................................................................. 380,289 132,106 Item • 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. TEAS Plus Application for Registration of Trademark/Service Mark under § 44(d) and (e). Totals ................................................................................. Estimated Total Annual (Non-hour) Respondent Cost Burden: $117,791,578. 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 majority (98%) of the paper forms are submitted to the USPTO via first class mail. Out of 6,269 paper forms, the USPTO estimates that 6,143 forms will be mailed, with a first class postage cost of 44 cents. Therefore, the USPTO estimates that the postage costs for this collection will be $2,703. Responses (yr) (a) Item Postage costs (b) Total cost (yr) (a) x (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. 2,295 0.44 $1,010.00 3,477 0.44 1,530.00 371 0.44 163.00 Total ............................................................................................................................... 6,143 ........................ 2,703.00 emcdonald on DSK2BSOYB1PROD with NOTICES There is also annual (non-hour) cost burden in the way of filing fees associated with this collection. Applicants who choose to file their applications electronically instead of submitting them in paper pay a reduced filing fee. Those who choose to file TEAS Plus applications pay a further reduced fee. An application must include a filing fee for each class of goods and services. Therefore, the total filing fees associated with this Use-Based Trademark/Service Mark Application, including ................... • Trademark/Service Mark Application. • Collective Trademark/Service Mark Application. • Collective Membership Mark. 17:39 Jun 16, 2011 Jkt 223001 Filing fee * ($) (b) Responses (a) Item VerDate Mar<15>2010 collection can vary depending on the number of classes in each application. The total filing fees of $117,638,875 shown here are based on the minimum fee of one class per application. PO 00000 Frm 00018 Fmt 4703 2,342 Sfmt 4703 E:\FR\FM\17JNN1.SGM $375.00 17JNN1 Total non-hour cost burden (yr) (a) × (b) (c) $878,250.00 35414 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices • Certification Mark Application. TEAS Use-Based Trademark/Service Mark Application, including ......... • Trademark/Service Mark Application. • Collective Trademark/Service Mark Application. • Collective Membership Mark. • Certification Mark Application. TEAS Plus Use-Based Trademark/Service Mark Application ................. Intent to Use Trademark/Service Mark Application, including ................ • Trademark/Service Mark Application. • Collective Trademark/Service Mark Application. • Collective Membership Mark. • Certification Mark Application. TEAS Intent to Use Trademark/Service Mark Application, including ...... • Trademark/Service Mark Application. • Collective Trademark/Service Mark Application. • Collective Membership Mark. • Certification Mark Application. TEAS Plus Intent to Use Trademark/Service Mark Application .............. Application for Registration of Trademark/Service Mark under § 44(d) and (e), including ................................................................................. • Trademark/Service Mark Application. • Collective Trademark/Service Mark Application. • Collective Membership Mark. • Certification Mark Application. TEAS Application for Registration of Trademark/Service Mark under § 44(d) and (e), including ..................................................................... • Trademark/Service Mark Application. • Collective Trademark/Service Mark Application. • Collective Membership Mark. • Certification Mark Application. TEAS Plus Application for Registration of Trademark/Service Mark under § 44(d) and (e) ........................................................................... Total non-hour cost burden (yr) (a) × (b) (c) Filing fee * ($) (b) Responses (a) Item 92,902 30,193,150.00 46,842 3,548 275.00 375.00 12,881,550.00 1,330,500.00 140,720 325.00 45,734,000.00 70,951 275.00 19,511,525.00 379 375.00 142,125.00 15,028 325.00 4,884,100.00 7,577 275.00 2,083,675.00 380,289 Total ......................................................................................................... 325.00 .................................... 117,638,875.00 * NOTE: All filing fees are based on per class filing. 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 stated above. The USPTO estimates that out of the 125,370 TEAS Plus use-based, intent to use, and § 44(d) and (e) applications filed, 3,000 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 $150,000 to the filing fees estimated above. Responses (yr) Processing fee * ($) 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 Application for Registration of Trademark/Service Mark under § 44(d) and (e) That Do Not Meet TEAS Plus Requirements .......................................................................... 1,121 1,698 $50.00 50.00 $56,050.00 84,900.00 181 50.00 9,050.00 Total ...................................................................................................................................... 3,000 ........................ 150,000.00 emcdonald on DSK2BSOYB1PROD with NOTICES Note: All processing fees are based on per class filing. The USPTO estimates that the total non-hour cost burden associated with the filing and processing fees for this collection will be $117,788,875. Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of postage VerDate Mar<15>2010 17:39 Jun 16, 2011 Jkt 223001 costs and filing and processing fees is $117,791,578 per year. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17JNN1.SGM 17JNN1 Federal Register / Vol. 76, No. 117 / Friday, June 17, 2011 / Notices 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: June 13, 2011. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer. [FR Doc. 2011–15016 Filed 6–16–11; 8:45 am] BILLING CODE 3510–16–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Addition Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Addition to the Procurement List. AGENCY: This action adds a service to the Procurement List that will be provided by a nonprofit agency employing persons who are blind or have other severe disabilities. DATES: Effective Date: 7/18/2011. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202–3259. FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with NOTICES SUMMARY: substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organization that will provide the service to the Government. 2. The action will result in authorizing small entities to provide the service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the service proposed for addition to the Procurement List. End of Certification Accordingly, the following service is added to the Procurement List: Service Service Type/Location: Custodial Service, US Military Academy Preparatory School, West Point, NY. NPA: New Dynamics Corporation, Middletown, NY. Contracting Activity: Dept of the Army, W6QM West Point Doc, West Point, NY. Barry S. Lineback Director, Business Operations. [FR Doc. 2011–15065 Filed 6–16–11; 8:45 am] BILLING CODE 6353–01–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products and service to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products and service to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O’Day Act (41 U.S.C. 46–48c) in connection with the products and service proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification The following products and service are proposed for addition to Procurement List for production by the nonprofit agencies listed: The Committee is proposing to add products and a service to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and deletes products and a service previously furnished by such agencies. Comments Must Be Received On Or Before: 7/18/2011. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia, 22202–3259. Cell Phone Privacy and Glare Shields NSN: 7045–00–NIB–0326—Glare Shield for iPhone. NSN: 7045–00–NIB–0327—Glare Shield for Blackberry Bold. NSN: 7045–00–NIB–0328—Glare Shield for Blackberry Storm2. NSN: 7045–00–NIB–0366—Glare Shield for Blackberry Curve2. NSN: 7045–00–NIB–0329—Universal PDA Glare Shield. NSN: 7045–00–NIB–0330—Privacy Shield for iPhone. NSN: 7045–00–NIB–0331—Privacy Shield for Blackberry Bold. NSN: 7045–00–NIB–0332—Privacy Shield for Blackberry Storm2. NSN: 7045–00–NIB–0333—Privacy Shield for PDA, Universal. NSN: 7045–00–NIB–0365—Privacy Shield for Blackberry Curve2. NPA: Wiscraft, Inc., Milwaukee, WI. Contracting Activity: General Services Administration, New York, NY. Coverage: B-List for the Broad Government Requirement as aggregated by the General Services Administration. Regulatory Flexibility Act Certification I certify that the following action will not have a significant impact on a Telephone: (703) 603–7740, Fax: (703) 603–0655, or e-mail: CMTEFedReg@AbilityOne.gov. Jkt 223001 Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the products and service listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Products: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed additions to and deletions from the procurement list. SUMMARY: 17:39 Jun 16, 2011 This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. SUPPLEMENTARY INFORMATION: AGENCY: Additions On 4/29/2011 (76 FR 23998), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed addition to the Procurement List. After consideration of the material presented to it concerning capability of a qualified nonprofit agency to provide the service and impact of the addition on the current or most recent contractors, the Committee has determined that the service listed below is suitable for procurement by the Federal Government under 41 U.S.C. 46–48c and 41 CFR 51–2.4. VerDate Mar<15>2010 35415 FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Barry S. Lineback, PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\17JNN1.SGM 17JNN1

Agencies

[Federal Register Volume 76, Number 117 (Friday, June 17, 2011)]
[Notices]
[Pages 35411-35415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15016]


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

DEPARTMENT OF COMMERCE

United States 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 August 16, 2011.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: InformationCollection@uspto.gov. Include ``0651-
0009 comment'' in the subject line of the message.
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, United 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,

[[Page 35412]]

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 e-mail 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 access the register and pending 
application information through the USPTO's Web site 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. Thus, 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 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) using a regular TEAS application form or a TEAS Plus application 
form. Applicants that file their applications using the TEAS Plus form 
pay a reduced filing fee if they file a complete application, agree to 
file certain communications regarding the application through TEAS, and 
agree to receive communications concerning the application by e-mail. 
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. This collection contains three paper forms and six 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: Businesses or other for-profits; and not-for-
profit institutions.
    Estimated Number of Respondents: 380,289 responses per year.
    Estimated Time per Response: The USPTO estimates that it takes the 
public approximately 18 minutes (0.30 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: 132,106 hours.
    Estimated Total Annual Respondent Cost Burden: $42,934,450. The 
USPTO expects that associate attorneys will complete these 
applications. The professional hourly rate for attorneys in private 
firms is $325. Using this hourly rate, the USPTO estimates that the 
total respondent cost burden for this collection is $42,934,450 per 
year.

----------------------------------------------------------------------------------------------------------------
                                                                              Estimated annual  Estimated annual
                    Item                       Estimated time for  response       responses        burden hours
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark              30 minutes....................             2,342             1,171
 Application, including:
     Trademark/Service Mark
     Application.
     Collective Trademark/Service
     Mark Application.
     Collective Membership Mark.....
     Certification Mark Application.
TEAS Use-Based Trademark/Service Mark         25 minutes....................            92,902            39,019
 Application, including:
     Trademark/Service Mark
     Application.
     Collective Trademark/Service
     Mark Application.
     Collective Membership Mark.....
     Certification Mark Application.
TEAS Plus Use-Based Trademark/Service Mark    25 minutes....................            46,842            19,674
 Application.
Intent to Use Trademark/Service Mark          23 minutes....................             3,548             1,348
 Application, including:
     Trademark/Service Mark
     Application.
     Collective Trademark/Service
     Mark Application.
     Collective Membership Mark.....
     Certification Mark Application.
TEAS Intent to Use Trademark/Service Mark     18 minutes....................           140,720            42,216
 Application, including:
     Trademark/Service Mark
     Application.

[[Page 35413]]

 
     Collective Trademark/Service
     Mark Application.
     Collective Membership Mark.....
     Certification Mark Application.
TEAS Plus Intent to Use Trademark/Service     18 minutes....................            70,951            21,285
 Mark Application.
Application for Registration of Trademark/    25 minutes....................               379               159
 Service Mark under 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          19 minutes....................            15,028             4,809
 Trademark/Service Mark under 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     19 minutes....................             7,577             2,425
 Trademark/Service Mark under Sec.   44(d)
 and (e).
                                             -------------------------------------------------------------------
    Totals..................................  ..............................           380,289           132,106
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual (Non-hour) Respondent Cost Burden: 
$117,791,578. 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 majority (98%) of the paper forms 
are submitted to the USPTO via first class mail. Out of 6,269 paper 
forms, the USPTO estimates that 6,143 forms will be mailed, with a 
first class postage cost of 44 cents. Therefore, the USPTO estimates 
that the postage costs for this collection will be $2,703.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Total cost
                              Item                                   Responses     Postage costs    (yr)  (a) x
                                                                     (yr)  (a)          (b)             (b)
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application, including.........           2,295            0.44       $1,010.00
     Trademark/Service Mark Application.................
     Collective Trademark/Service Mark Application......
     Collective Membership Mark.........................
     Certification Mark Application.....................
Intent to Use Trademark/Service Mark Application, including.....           3,477            0.44        1,530.00
     Trademark/Service Mark Application.................
     Collective Trademark/Service Mark Application......
     Collective Membership Mark.........................
     Certification Mark Application.....................
Application for Registration of Trademark/Service Mark under                 371            0.44          163.00
 Sec.   44 (d) and (e), including...............................
     Trademark/Service Mark Application.................
     Collective Trademark/Service Mark Application......
     Collective Membership Mark.........................
     Certification Mark Application.....................
                                                                 -----------------------------------------------
        Total...................................................           6,143  ..............        2,703.00
----------------------------------------------------------------------------------------------------------------

    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 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 
$117,638,875 shown here are based on the minimum fee of one class per 
application.

----------------------------------------------------------------------------------------------------------------
                                                                                             Total non-hour cost
                     Item                          Responses  (a)       Filing fee *  ($)    burden  (yr)  (a) x
                                                                               (b)                 (b) (c)
----------------------------------------------------------------------------------------------------------------
Use-Based Trademark/Service Mark Application,                  2,342               $375.00           $878,250.00
 including....................................
     Trademark/Service Mark
     Application..............................
     Collective Trademark/Service Mark
     Application..............................
     Collective Membership Mark.......

[[Page 35414]]

 
     Certification Mark Application...
TEAS Use-Based Trademark/Service Mark                         92,902                325.00         30,193,150.00
 Application, including.......................
     Trademark/Service Mark
     Application..............................
     Collective Trademark/Service Mark
     Application..............................
     Collective Membership Mark.......
     Certification Mark Application...
TEAS Plus Use-Based Trademark/Service Mark                    46,842                275.00         12,881,550.00
 Application..................................
Intent to Use Trademark/Service Mark                           3,548                375.00          1,330,500.00
 Application, including.......................
     Trademark/Service Mark
     Application..............................
     Collective Trademark/Service Mark
     Application..............................
     Collective Membership Mark.......
     Certification Mark Application...
TEAS Intent to Use Trademark/Service Mark                    140,720                325.00         45,734,000.00
 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                70,951                275.00         19,511,525.00
 Application..................................
Application for Registration of Trademark/                       379                375.00            142,125.00
 Service Mark under 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/               15,028                325.00          4,884,100.00
 Service Mark under 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                      7,577                275.00          2,083,675.00
 Trademark/Service Mark under Sec.   44(d) and
 (e)..........................................
                                               -----------------------------------------------------------------
Total.........................................               380,289  ....................        117,638,875.00
----------------------------------------------------------------------------------------------------------------
* Note: All filing fees are based on per class filing.

    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 stated above. The USPTO estimates 
that out of the 125,370 TEAS Plus use-based, intent to use, and Sec.  
44(d) and (e) applications filed, 3,000 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 $150,000 to the filing fees estimated above.

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total Non-hour
                              Item                                Responses (yr)  Processing fee    cost burden
                                                                                       * ($)           (yr)
                                                                             (a)             (b)       (a) x (b)
                                                                                                             (c)
----------------------------------------------------------------------------------------------------------------
TEAS Plus Use-Based Applications That Do Not Meet TEAS Plus                1,121          $50.00      $56,050.00
 Requirements...................................................
TEAS Plus Intent to Use Applications That Do Not Meet TEAS Plus            1,698           50.00       84,900.00
 Requirements...................................................
TEAS Plus Application for Registration of Trademark/Service Mark             181           50.00        9,050.00
 under Sec.   44(d) and (e) That Do Not Meet TEAS Plus
 Requirements...................................................
                                                                 -----------------------------------------------
    Total.......................................................           3,000  ..............      150,000.00
----------------------------------------------------------------------------------------------------------------
Note: All processing fees are based on per class filing.

    The USPTO estimates that the total non-hour cost burden associated 
with the filing and processing fees for this collection will be 
$117,788,875.
    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 $117,791,578 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

[[Page 35415]]

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: June 13, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2011-15016 Filed 6-16-11; 8:45 am]
BILLING CODE 3510-16-P