Applications for Trademark Registration, 35411-35415 [2011-15016]
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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
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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:
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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: https://
www.regulations.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Catherine Cain,
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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 https://
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.
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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
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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
$1,010.00
3,477
0.44
1,530.00
371
0.44
163.00
Total ...............................................................................................................................
6,143
........................
2,703.00
emcdonald on DSK2BSOYB1PROD with NOTICES
There is also annual (non-hour) cost
burden in the way of filing fees
associated with this collection.
Applicants who choose to file their
applications electronically instead of
submitting them in paper pay a reduced
filing fee. Those who choose to file
TEAS Plus applications pay a further
reduced fee. An application must
include a filing fee for each class of
goods and services. Therefore, the total
filing fees associated with this
Use-Based Trademark/Service Mark Application, including ...................
• Trademark/Service Mark Application.
• Collective Trademark/Service Mark Application.
• Collective Membership Mark.
17:39 Jun 16, 2011
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Filing fee *
($)
(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.
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$375.00
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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
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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
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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
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]]>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]
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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: https://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
https://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
