Establishment of a One-Year Retention Period for Trademark-Related Papers That Have Been Scanned Into the Trademark Initial Capture Registration System, 3745 [2012-1437]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Notices]
[Page 3745]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1437]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-T-2011-0050]


Establishment of a One-Year Retention Period for Trademark-
Related Papers That Have Been Scanned Into the Trademark Initial 
Capture Registration System

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is 
establishing a one-year retention period that began on September 26, 
2011, for papers scanned into the Trademark Initial Capture 
Registration System (TICRS) prior to September 26, 2011, or began or 
begins on a paper's submission date, for papers scanned into TICRS on 
or after September 26, 2011. After the expiration of the one-year 
retention period, the USPTO will dispose of the paper documents unless, 
within sufficient time prior to disposal, the relevant trademark 
applicant or owner files a request to correct the electronic record in 
TICRS, and the request remains outstanding at the time disposal would 
otherwise have occurred. The one-year retention period for papers 
scanned into TICRS will reduce the costs currently associated with 
indefinitely warehousing paper documents, while permitting sufficient 
time for the review and rarely needed correction of the scanning of 
such paper documents. The USPTO received no comments to the notice 
published September 23, 2011 on this proposal.

DATES: Applicability Date: For papers scanned into TICRS prior to 
September 26, 2011, the one-year retention period began on September 
26, 2011. For papers scanned into TICRS on or after September 26, 2011, 
the one-year retention period began or begins on the paper's submission 
date.

FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy 
Commissioner for Trademark Examination Policy, by telephone at (571) 
272-8742.

SUPPLEMENTARY INFORMATION:

Background

    On September 23, 2011, the USPTO published a notice and request for 
comments on a proposal to establish a retention period of one year for 
trademark-related papers that have been scanned into TICRS. See Request 
for Comments on Establishment of a One-Year Retention Period for 
Trademark-Related Papers That Have Been Scanned Into the Trademark 
Initial Capture Registration System, 76 FR 59114 (September 23, 2011), 
1371 OG 168 (October 18, 2011). The USPTO received no comments in 
response to the notice.
    The proposed change to the USPTO's past practice of indefinitely 
retaining papers that have been scanned into TICRS stems from the 
relatively small number of paper trademark-related submissions received 
at the USPTO and the USPTO's practice of scanning all paper documents 
into TICRS, resulting in paper documents that duplicate the electronic 
record in TICRS. Moreover, the USPTO's multiple reviews of the 
electronic record in TICRS to ensure accuracy of the data have rendered 
the practice of indefinite paper retention unnecessary and not cost-
effective.

Changes: One-Year Retention Period for Paper Records

    In view of the lack of any public comments opposing the 
establishment of a one-year retention period, the USPTO is establishing 
a one-year retention period for the retention of paper records. 
Specifically, the one-year retention period begins on: September 26, 
2011, for papers scanned into TICRS prior to September 26, 2011; or a 
paper's submission date, for papers scanned into TICRS on or after 
September 26, 2011. TICRS is available to the public through the 
Trademark Document Retrieval (TDR) and the Trademark Status and 
Document Retrieval (TSDR) databases on the USPTO Web site. This plan 
allows the USPTO and the public sufficient time to review and determine 
the accuracy of the record in TICRS/TDR/TSDR and request any needed 
corrections, thereby providing assurance that the record is correct. 
The plan also significantly reduces the costs currently associated with 
indefinitely warehousing duplicative paper records. Paper filings with 
electronic and digital media attachments are not subject to the one-
year retention period and will remain retrievable, consistent with past 
practice.
    After the expiration of the one-year retention period, the USPTO 
will dispose of the paper records, unless a request to correct the 
electronic record in TICRS remains outstanding. Requests to correct the 
electronic records in TICRS should be emailed to ``TM-TDR-Correct@uspto.gov'' using the subject line ``Electronic Record 
Correction'' at least one month prior to the expiration of the one-year 
retention period to allow sufficient time to process the request. The 
request should include: (1) The serial number or registration number; 
(2) the date and nature of the paper document filed; (3) a description 
of the error(s) in TICRS/TDR/TSDR; (4) the name and telephone number of 
the applicant or owner; and (5) a replacement copy of the paper 
document, if available. The USPTO will review the request and update 
the record within 21 days of receipt, if appropriate. The applicant or 
owner may check TICRS or TDR/TSDR approximately three weeks after 
submitting the request to verify entry of the requested changes.

    Dated: January 17, 2012.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2012-1437 Filed 1-24-12; 8:45 am]
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