Madrid Protocol, 52455-52458 [2015-21512]
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Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices
information.9 NTIA’s process is meant
to complement these ongoing
developments, as well as existing
standards and practices developed by
other organizations, by bringing together
all relevant stakeholders to find
consensus on the overarching goals and
principles for successful sharing and
handling of vulnerability information.
By coming together at this critical
juncture, stakeholders can expand
norms and expectations for the
adoption, adaptation, and innovation of
practices and standards.
The goal of this process will be to
develop a broad, shared understanding
of the overlapping interests between
security researchers and the vendors
and owners of products discovered to be
vulnerable, and establish a consensus
about voluntary principles to promote
better collaboration. The question of
how vulnerabilities can and should be
disclosed will be a critical part of the
discussion, as will how vendors receive
and respond to this information.
However, disclosure is only one aspect
of successful collaboration. One goal of
the overall NTIA process is to promote
a digital economy that more strongly
emphasizes security and develops
community-driven or market-based
forces to better and more rapidly secure
the digital ecosystem.
Stakeholders will determine the exact
nature of the outcome of this process.
Since it is unlikely that a one-size-fits
all solution will be feasible in this
dynamic space, stakeholders will need
to determine how to scope and organize
the work through sub-groups or other
means. Success of the process will be
evaluated by the extent to which
stakeholders embrace and implement
the consensus findings within their
individual practices or organizations.
Although the stakeholders determine
the outcome of the process, it is
important to note that the process will
not result in a regulatory policy or new
law, nor focus on law enforcement or
other non-commercial government use
of vulnerability data.
Matters To Be Considered: The
September 29, 2015, meeting will be the
first in a series of NTIA-convened
multistakeholder discussions
concerning collaboration on
vulnerability disclosure. Subsequent
meetings will follow on a schedule
determined by those participating in the
first meeting. Stakeholders will engage
in an open, transparent, consensusdriven process to develop voluntary
principles guiding the collaboration
9 ISO
Standard 29147, Vulnerability Disclosure
Overview (2014), available at: https://www.iso.org/
iso/catalogue_detail.htm?csnumber=45170.
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between vendors and researchers about
vulnerability information. The
multistakeholder process will involve
hearing and understanding the
perspectives of diverse stakeholders,
from a wide range of both vendors and
researchers, while seeking a consensus
that enables collaboration for a more
secure digital ecosystem.
The September 29, 2015, meeting is
intended to bring stakeholders together
to begin to share the range of views on
how vulnerability information is shared
by researchers, how it is received and
used by vendors, and to establish more
concrete goals and structure of the
process. The objectives of this first
meeting are to: (1) Briefly share different
perspectives on how vulnerability
information is shared, received, and
resolved; (2) briefly review perceived
challenges in successful collaborations;
(3) engage stakeholders in a discussion
of high-priority substantive issues
stakeholders believe should be
addressed; (4) engage stakeholders in a
discussion of logistical issues, including
internal structures such as a small
drafting committee or various working
groups, and the location and frequency
of future meetings; and (5) identify
concrete goals and stakeholder work
following the first meeting.
The main objective of further
meetings will be to encourage and
facilitate continued discussion among
stakeholders to build consensus around
the principles guiding successful
collaboration. This discussion may
include circulation of stakeholderdeveloped straw-man drafts and
discussion of the appropriate scope of
the initiative. Stakeholders may also
agree on procedural work plans for the
group, including additional meetings or
modified logistics for future meetings.
NTIA suggests that stakeholders
consider setting clear deadlines for a
working draft, and consider a phase for
external review of this draft, before
reconvening to take account of external
feedback.
More information about stakeholders’
work will be available at: https://
www.ntia.doc.gov/other-publication/
2015/multistakeholder-processcybersecurity-vulnerabilities.
Time and Date: NTIA will convene
the first meeting of the multistakeholder
process to promote collaboration on
vulnerability research disclosure on
September 29, 2015, from 9:00 a.m. to
3:00 p.m., Pacific Time. Please refer to
NTIA’s Web site, https://
www.ntia.doc.gov/other-publication/
2015/multistakeholder-processcybersecurity-vulnerabilities, for the
most current information.
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52455
Place: The meeting will be held in the
Boardroom in the Booth Auditorium at
the University of California, Berkeley,
School of Law, Boalt Hall, Bancroft Way
and Piedmont Avenue, Berkeley, CA
94720–7200. The location of the
meeting is subject to change. Please
refer to NTIA’s Web site, https://
www.ntia.doc.gov/other-publication/
2015/multistakeholder-processcybersecurity-vulnerabilities, for the
most current information.
Other Information: The meeting is
open to the public and the press on a
first-come, first-served basis. Space is
limited. To assist the agency in
determining space and webcast
technology requirements, NTIA requests
that interested persons pre-register for
the meeting at https://www.ntia.doc.gov/
other-publication/2015/
multistakeholder-process-cybersecurityvulnerabilities.
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Allan Friedman at (202) 482–4281 or
afriedman@ntia.doc.gov at least seven
(7) business days prior to each meeting.
The meetings will also be webcast.
Requests for real-time captioning of the
webcast or other auxiliary aids should
be directed to Allan Friedman at (202)
482–4281 or afriedman@ntia.doc.gov at
least seven (7) business days prior to
each meeting. There will be an
opportunity for stakeholders viewing
the webcast to participate remotely in
the meetings through a moderated
conference bridge, including polling
functionality. Access details for the
meetings are subject to change.
Please refer to NTIA’s Web site,
https://www.ntia.doc.gov/otherpublication/2015/multistakeholderprocess-cybersecurity-vulnerabilities, for
the most current information.
Dated: August 26, 2015.
Kathy D. Smith,
Chief Counsel, National Telecommunications
and Information Administration.
[FR Doc. 2015–21500 Filed 8–28–15; 8:45 am]
BILLING CODE 3510–60–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Madrid Protocol
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
SUMMARY:
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tkelley on DSK3SPTVN1PROD with NOTICES
general public and other Federal
agencies 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 October 30,
2015.
ADDRESSES: Written comments may be
submitted by any of the following
methods:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0051
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
www.regulations.gov.
• Mail: Marcie Lovett, Records
Management Division Director, Office of
the Chief Information Officer, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Catherine Cain,
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 email at Catherine.Cain@uspto.gov
with ‘‘0651–0051 comment’’ 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
This collection of information is
required by the Trademark Act of 1946,
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 that
use or intend to use such marks in
commerce may file an application to
register the marks with the United
States Patent and Trademark Office
(USPTO).
The Protocol Relating to the Madrid
Agreement Concerning the International
Registration of Marks (‘‘Madrid
Protocol’’) is an international treaty that
allows a trademark owner to seek
registration in any of the participating
countries by filing a single international
application. The International Bureau
(IB) of the World Intellectual Property
Organization (WIPO) in Geneva,
Switzerland, administers the
international registration system. The
Madrid Protocol Implementation Act of
2002 amended the Trademark Act to
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provide that: (1) The owner of a U.S.
application or registration may seek
protection of its mark in any of the
participating countries by submitting a
single international application to the IB
through the USPTO and (2) the holder
of an international registration may
request an extension of protection of the
international registration to the United
States. The Madrid Protocol became
effective in the United States on
November 2, 2003, and is implemented
under 15 U.S.C. 1141 et seq. and 37 CFR
part 2 and Part 7.
An international application
submitted through the USPTO must be
based on an active U.S. application or
registration and must be filed by the
owner of the application or registration.
The USPTO reviews the international
application to certify that it corresponds
to the data contained in the existing
U.S. application or registration before
forwarding the international application
to the IB. The IB then reviews the
international application to determine
whether the Madrid filing requirements
have been met and the required fees
have been paid. If the international
application is unacceptable, the IB will
send a notice of irregularity to the
USPTO and the applicant. The
applicant must respond to the
irregularities to avoid abandonment,
unless a response from the USPTO is
required. After any irregularities are
corrected and the application is
accepted, the IB registers the mark,
publishes the registration in the WIPO
Gazette of International Marks, and
sends a certificate to the holder.
When the mark is registered, the IB
notifies each country designated in the
application of the request for extension
of protection. Each designated country
then examines the request under its own
laws. Once an international registration
has been issued, the holder may also file
subsequent designations to request an
extension of protection to additional
countries.
Under Section 71 of the Trademark
Act, 15 U.S.C. 1141(k), a registered
extension of protection to the United
States will be cancelled unless the
holder of the international registration
periodically files affidavits of continued
use in commerce or excusable nonuse.
The first affidavit must be filed on or
between the fifth- and sixth-year
anniversaries of the date on which the
USPTO registers an extension of
protection.
This collection includes the
information necessary for the USPTO to
process applications for international
registration and related requests under
the Madrid Protocol. The USPTO
provides electronic forms for filing the
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items in this information collection
online (except for the Request to Record
an Assignment or Restriction of a
Holder’s Right to Dispose of an
International Registration) using the
Trademark Electronic Application
System (TEAS), which is available
through the USPTO Web site.
Applicants may also submit the items
in this collection on paper or by using
the forms provided by the IB, which are
available on the WIPO Web site. The IB
requires Applications for International
Registration and Applications for
Subsequent Designation that are filed on
paper to be submitted on the official IB
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: 0651–0051.
IC Instruments: The individual
instruments in this collection, as well as
their associated forms, are listed in the
table below.
Type of Review: Revision of a
Previously Existing Information
Collection.
Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
16,557 responses per year. Of this total,
the USPTO expects that 16,474
responses will be submitted
electronically via the TEAS system and
83 will be submitted on paper.
Estimated Time per Response: The
USPTO estimates that it will take the
public approximately 17 minutes to one
hour and 15 minutes (0.28 to 1.25
hours) to complete the information in
this collection, including the time to
gather the necessary information,
prepare the forms or documents, and
submit the completed request to the
USPTO.
Estimated Total Annual Respondent
Burden Hours: 4,918.45 hours.
Estimated Total Annual Respondent
(Hourly) Cost Burden: $1,913,277.05.
The USPTO expects that an attorney
will complete the instruments
associated with this information
collection. The professional hourly rate
for an attorney is $389. When this
hourly rate is applied to the 4,918.45
burden hours projected annually for this
collection, the USPTO estimates
$1,913,277.05 per year for the total
hourly costs associated with
respondents.
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Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices
The time per response, estimated
annual responses, and estimated annual
hour burden associated with each
instrument in this information
collection is shown in the table below.
Estimated time
for response
(minutes)
(a)
Estimated
annual burden
hours
(a) × (b)/
60 = (c)
Estimated
annual
responses
(b)
Rate
($/hr)
IC No.
Information collection instrument
1 ...........................
Application for International Registration (PTO–2131
TEAS).
Application for International Registration (paper, no
form).
Application for Subsequent Designation (PTO–2132
TEAS).
Application for Subsequent Designation (paper, no
form).
Response to Notice of Irregularity (PTO–2133 TEAS)
Response to Notice of Irregularity (paper, no form) .....
Replacement Request (TEAS Global Form) .................
Replacement Request (paper, no form) ........................
Request to Record an Assignment or Restriction of a
Holder’s Right to Dispose of an International Registration (paper, no form).
Transformation Request (TEAS Global form) ...............
Transformation Request (paper, no form) .....................
Transformation Request (TEAS RF Global form) .........
Petition to Director to Review Denial of Certification of
International Application (TEAS Global form).
Petition to Director to Review Denial of Certification of
International Application (paper, no form).
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (PTO–1663
TEAS).
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (paper, no
form).
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (PTO–1683 TEAS).
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (paper, no form).
17
8,010
2,269.50
389
32
33
17.60
389
17
1,236
350.20
389
22
2
0.73
389
18
33
30
45
30
1,390
1
20
1
5
417.00
0.55
10.00
0.75
2.50
389
389
389
389
389
18
33
20
60
3
1
30
100
0.90
0.55
10.00
100.00
389
389
389
389
75
20
25.00
389
18
3,411
1023.30
389
23
10
3.83
389
18
2,274
682.20
389
23
10
3.83
389
........................................................................................
........................
16,557
4,918.45
........................
1 ...........................
2 ...........................
2 ...........................
3
3
4
4
5
...........................
...........................
...........................
...........................
...........................
6
6
6
7
...........................
...........................
...........................
...........................
7 ...........................
8 ...........................
8 ...........................
9 ...........................
..............................
Total ..............
Estimated Total Annual (Non-hour)
Respondent Cost Burden: $2,175,480.36.
This collection has annual (non-hour)
costs in the form of postage costs and
filing fees.
Postage Costs
Customers may incur postage costs
when submitting some of the items
covered by this collection to the USPTO
by mail. The USPTO expects that
approximately 99 percent of the
responses in this collection will be
submitted electronically. Of the
remaining 1 percent, the vast majority—
98 percent—will be submitted by mail,
for a total of 82 mailed submissions. The
average first-class USPS postage cost for
a mailed submission will be 98 cents.
Therefore, the USPTO estimates that the
postage costs for the mailed submissions
in this collection will total $80.36.
Filing Fees
The USPTO charges fees for
processing international applications
Estimated annual
responses
(a)
tkelley on DSK3SPTVN1PROD with NOTICES
IC No.
Item
1 ......................................
Application for International Registration (for certifying
an international application based on a single basic
application or registration, per international class)
(PTO–2131 TEAS).
Application for International Registration (for certifying
an international application based on a single basic
application or registration, per international class)
(paper, no form).
1 ......................................
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and related requests under the Madrid
Protocol as set forth in 37 CFR 2.6 and
37 CFR 7.6. Most of these fees are
charged per class of goods or services;
therefore, the total fees can vary
depending on the number of classes.
Based on the minimum fee of one class
per relevant document, the USPTO
estimates that the total filing fees in the
form of USPTO processing fees
associated with this collection will be
approximately $2,175,400 per year, as
calculated in the accompanying table.
Fmt 4703
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Fee amount
(b)
Estimated annual
filing costs
(a) × (b) = (c)
4,110
$100.00
$411,000.00
17
100.00
1,700.00
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Federal Register / Vol. 80, No. 168 / Monday, August 31, 2015 / Notices
Estimated annual
responses
(a)
IC No.
Item
1 ......................................
Application for International Registration (for certifying
an international application based on more than
one basic application or registration, per international class) (PTO–2131 TEAS).
Application for International Registration (for certifying
an international application based on more than
one basic application or registration, per international class) (paper, no form).
Application for Subsequent Designation (PTO–2132
TEAS).
Application for Subsequent Designation (paper, no
form).
Response to Notice of Irregularity (PTO–2133 TEAS)
Response to Notice of Irregularity (paper, no form) ....
Replacement Request (per international class) (TEAS
Global form).
Replacement Request (per international class)
(paper, no form).
Request to Record an Assignment or Restriction of a
Holder’s Right to Dispose of an International Registration (paper, no form).
Transformation Request (per international class)
(TEAS Global form).
Transformation Request (per international class)
(paper, no form).
Transformation Request (per international class)
(TEAS RF Global form).
Petition to Director to Review Denial of Certification of
International Application (TEAS Global form).
Petition to Director to Review Denial of Certification of
International Application (paper, no form).
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (per international class) (PTO–1553 TEAS).
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (per international class) (paper, no form).
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (per international class) (PTO–1583 TEAS).
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (per international class) (paper, no form).
1 ......................................
2 ......................................
2 ......................................
3 ......................................
3 ......................................
4 ......................................
4 ......................................
5 ......................................
6 ......................................
6 ......................................
6 ......................................
7 ......................................
7 ......................................
8 ......................................
8 ......................................
9 ......................................
9 ......................................
Total .........................
tkelley on DSK3SPTVN1PROD with NOTICES
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, including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality,
utility, and clarity of the information to
be collected; and
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Jkt 235001
Estimated annual
filing costs
(a) × (b) = (c)
3,900
585,000.00
150.00
2,400.00
1,236
100.00
123,600.00
2
100.00
200.00
1,390
1
20
0.00
0.00
100.00
0.00
0.00
2,000.00
1
100.00
100.00
5
100.00
500.00
3
325.00
975.00
1
375.00
375.00
30
275.00
8,250.00
100
100.00
10,000.00
20
100.00
2,000.00
3,411
100.00
341,100.00
10
100.00
1,000.00
2,274
300.00
682,200.00
10
$300.00
$3,000.00
16,557
(d) ways to minimize the burden of
the collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
approval of this information collection;
they will also become a matter of public
record.
150.00
16
.......................................................................................
Therefore, the USPTO estimates that
the annual (non-hour) cost burden for
this collection, in the form of postage
costs ($80.36) and filing fees
($2,175,400), will total $2,175,480.36.
Fee amount
(b)
..............................
$2,175,400.00
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Addition and
Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Addition to and deletions from
the Procurement List.
AGENCY:
[FR Doc. 2015–21512 Filed 8–28–15; 8:45 am]
This action adds a service to
the Procurement List that will be
provided by the nonprofit agency
employing persons who are blind or
have other severe disabilities, and
deletes products from the Procurement
List previously furnished by such
agencies.
BILLING CODE 3510–16–P
DATES:
Dated: August 24, 2015.
Marcie Lovett,
Records Management Division Director,
USPTO, Office of the Chief Information
Officer.
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SUMMARY:
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Effective 09/29/2015.
31AUN1
]]>Agencies
[Federal Register Volume 80, Number 168 (Monday, August 31, 2015)]
[Notices]
[Pages 52455-52458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21512]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Madrid Protocol
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
[[Page 52456]]
general public and other Federal agencies 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 October 30,
2015.
ADDRESSES: Written comments may be submitted by any of the following
methods:
Email: InformationCollection@uspto.gov. Include ``0651-
0051 comment'' in the subject line of the message.
Federal Rulemaking Portal: https://www.regulations.gov.
Mail: Marcie Lovett, Records Management Division Director,
Office of the Chief Information Officer, United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Catherine Cain, 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 email at Catherine.Cain@uspto.gov with ``0651-0051 comment'' 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
This collection of information is required by the Trademark Act of
1946, 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 that use or intend to use such marks in
commerce may file an application to register the marks with the United
States Patent and Trademark Office (USPTO).
The Protocol Relating to the Madrid Agreement Concerning the
International Registration of Marks (``Madrid Protocol'') is an
international treaty that allows a trademark owner to seek registration
in any of the participating countries by filing a single international
application. The International Bureau (IB) of the World Intellectual
Property Organization (WIPO) in Geneva, Switzerland, administers the
international registration system. The Madrid Protocol Implementation
Act of 2002 amended the Trademark Act to provide that: (1) The owner of
a U.S. application or registration may seek protection of its mark in
any of the participating countries by submitting a single international
application to the IB through the USPTO and (2) the holder of an
international registration may request an extension of protection of
the international registration to the United States. The Madrid
Protocol became effective in the United States on November 2, 2003, and
is implemented under 15 U.S.C. 1141 et seq. and 37 CFR part 2 and Part
7.
An international application submitted through the USPTO must be
based on an active U.S. application or registration and must be filed
by the owner of the application or registration. The USPTO reviews the
international application to certify that it corresponds to the data
contained in the existing U.S. application or registration before
forwarding the international application to the IB. The IB then reviews
the international application to determine whether the Madrid filing
requirements have been met and the required fees have been paid. If the
international application is unacceptable, the IB will send a notice of
irregularity to the USPTO and the applicant. The applicant must respond
to the irregularities to avoid abandonment, unless a response from the
USPTO is required. After any irregularities are corrected and the
application is accepted, the IB registers the mark, publishes the
registration in the WIPO Gazette of International Marks, and sends a
certificate to the holder.
When the mark is registered, the IB notifies each country
designated in the application of the request for extension of
protection. Each designated country then examines the request under its
own laws. Once an international registration has been issued, the
holder may also file subsequent designations to request an extension of
protection to additional countries.
Under Section 71 of the Trademark Act, 15 U.S.C. 1141(k), a
registered extension of protection to the United States will be
cancelled unless the holder of the international registration
periodically files affidavits of continued use in commerce or excusable
nonuse. The first affidavit must be filed on or between the fifth- and
sixth-year anniversaries of the date on which the USPTO registers an
extension of protection.
This collection includes the information necessary for the USPTO to
process applications for international registration and related
requests under the Madrid Protocol. The USPTO provides electronic forms
for filing the items in this information collection online (except for
the Request to Record an Assignment or Restriction of a Holder's Right
to Dispose of an International Registration) using the Trademark
Electronic Application System (TEAS), which is available through the
USPTO Web site.
Applicants may also submit the items in this collection on paper or
by using the forms provided by the IB, which are available on the WIPO
Web site. The IB requires Applications for International Registration
and Applications for Subsequent Designation that are filed on paper to
be submitted on the official IB 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: 0651-0051.
IC Instruments: The individual instruments in this collection, as
well as their associated forms, are listed in the table below.
Type of Review: Revision of a Previously Existing Information
Collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 16,557 responses per year. Of this
total, the USPTO expects that 16,474 responses will be submitted
electronically via the TEAS system and 83 will be submitted on paper.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 17 minutes to one hour and 15 minutes (0.28 to
1.25 hours) to complete the information in this collection, including
the time to gather the necessary information, prepare the forms or
documents, and submit the completed request to the USPTO.
Estimated Total Annual Respondent Burden Hours: 4,918.45 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$1,913,277.05. The USPTO expects that an attorney will complete the
instruments associated with this information collection. The
professional hourly rate for an attorney is $389. When this hourly rate
is applied to the 4,918.45 burden hours projected annually for this
collection, the USPTO estimates $1,913,277.05 per year for the total
hourly costs associated with respondents.
[[Page 52457]]
The time per response, estimated annual responses, and estimated
annual hour burden associated with each instrument in this information
collection is shown in the table below.
----------------------------------------------------------------------------------------------------------------
Estimated
Information Estimated time Estimated annual burden
IC No. collection for response annual hours (a) x Rate ($/hr)
instrument (minutes) (a) responses (b) (b)/ 60 = (c)
----------------------------------------------------------------------------------------------------------------
1............................. Application for 17 8,010 2,269.50 389
International
Registration
(PTO-2131 TEAS).
1............................. Application for 32 33 17.60 389
International
Registration
(paper, no
form).
2............................. Application for 17 1,236 350.20 389
Subsequent
Designation
(PTO-2132 TEAS).
2............................. Application for 22 2 0.73 389
Subsequent
Designation
(paper, no
form).
3............................. Response to 18 1,390 417.00 389
Notice of
Irregularity
(PTO-2133 TEAS).
3............................. Response to 33 1 0.55 389
Notice of
Irregularity
(paper, no
form).
4............................. Replacement 30 20 10.00 389
Request (TEAS
Global Form).
4............................. Replacement 45 1 0.75 389
Request (paper,
no form).
5............................. Request to 30 5 2.50 389
Record an
Assignment or
Restriction of
a Holder's
Right to
Dispose of an
International
Registration
(paper, no
form).
6............................. Transformation 18 3 0.90 389
Request (TEAS
Global form).
6............................. Transformation 33 1 0.55 389
Request (paper,
no form).
6............................. Transformation 20 30 10.00 389
Request (TEAS
RF Global form).
7............................. Petition to 60 100 100.00 389
Director to
Review Denial
of
Certification
of
International
Application
(TEAS Global
form).
7............................. Petition to 75 20 25.00 389
Director to
Review Denial
of
Certification
of
International
Application
(paper, no
form).
8............................. Declaration of 18 3,411 1023.30 389
Continued Use/
Excusable
Nonuse of Mark
in Commerce
Under Section
71 (PTO-1663
TEAS).
8............................. Declaration of 23 10 3.83 389
Continued Use/
Excusable
Nonuse of Mark
in Commerce
Under Section
71 (paper, no
form).
9............................. Combined 18 2,274 682.20 389
Declaration of
Continued Use/
Excusable
Nonuse and
Incontestabilit
y Under
Sections 71 and
15 (PTO-1683
TEAS).
Combined 23 10 3.83 389
Declaration of
Continued Use/
Excusable
Nonuse and
Incontestabilit
y Under
Sections 71 and
15 (paper, no
form).
---------------------------------------------------------------
Total..................... ................ .............. 16,557 4,918.45 ..............
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual (Non-hour) Respondent Cost Burden:
$2,175,480.36. This collection has annual (non-hour) costs in the form
of postage costs and filing fees.
Postage Costs
Customers may incur postage costs when submitting some of the items
covered by this collection to the USPTO by mail. The USPTO expects that
approximately 99 percent of the responses in this collection will be
submitted electronically. Of the remaining 1 percent, the vast
majority--98 percent--will be submitted by mail, for a total of 82
mailed submissions. The average first-class USPS postage cost for a
mailed submission will be 98 cents. Therefore, the USPTO estimates that
the postage costs for the mailed submissions in this collection will
total $80.36.
Filing Fees
The USPTO charges fees for processing international applications
and related requests under the Madrid Protocol as set forth in 37 CFR
2.6 and 37 CFR 7.6. Most of these fees are charged per class of goods
or services; therefore, the total fees can vary depending on the number
of classes. Based on the minimum fee of one class per relevant
document, the USPTO estimates that the total filing fees in the form of
USPTO processing fees associated with this collection will be
approximately $2,175,400 per year, as calculated in the accompanying
table.
----------------------------------------------------------------------------------------------------------------
Estimated annual
IC No. Item Estimated annual Fee amount (b) filing costs (a)
responses (a) x (b) = (c)
----------------------------------------------------------------------------------------------------------------
1................................ Application for 4,110 $100.00 $411,000.00
International
Registration (for
certifying an
international
application based
on a single basic
application or
registration, per
international
class) (PTO-2131
TEAS).
1................................ Application for 17 100.00 1,700.00
International
Registration (for
certifying an
international
application based
on a single basic
application or
registration, per
international
class) (paper, no
form).
[[Page 52458]]
1................................ Application for 3,900 150.00 585,000.00
International
Registration (for
certifying an
international
application based
on more than one
basic application
or registration,
per international
class) (PTO-2131
TEAS).
1................................ Application for 16 150.00 2,400.00
International
Registration (for
certifying an
international
application based
on more than one
basic application
or registration,
per international
class) (paper, no
form).
2................................ Application for 1,236 100.00 123,600.00
Subsequent
Designation (PTO-
2132 TEAS).
2................................ Application for 2 100.00 200.00
Subsequent
Designation (paper,
no form).
3................................ Response to Notice 1,390 0.00 0.00
of Irregularity
(PTO-2133 TEAS).
3................................ Response to Notice 1 0.00 0.00
of Irregularity
(paper, no form).
4................................ Replacement Request 20 100.00 2,000.00
(per international
class) (TEAS Global
form).
4................................ Replacement Request 1 100.00 100.00
(per international
class) (paper, no
form).
5................................ Request to Record an 5 100.00 500.00
Assignment or
Restriction of a
Holder's Right to
Dispose of an
International
Registration
(paper, no form).
6................................ Transformation 3 325.00 975.00
Request (per
international
class) (TEAS Global
form).
6................................ Transformation 1 375.00 375.00
Request (per
international
class) (paper, no
form).
6................................ Transformation 30 275.00 8,250.00
Request (per
international
class) (TEAS RF
Global form).
7................................ Petition to Director 100 100.00 10,000.00
to Review Denial of
Certification of
International
Application (TEAS
Global form).
7................................ Petition to Director 20 100.00 2,000.00
to Review Denial of
Certification of
International
Application (paper,
no form).
8................................ Declaration of 3,411 100.00 341,100.00
Continued Use/
Excusable Nonuse of
Mark in Commerce
Under Section 71
(per international
class) (PTO-1553
TEAS).
8................................ Declaration of 10 100.00 1,000.00
Continued Use/
Excusable Nonuse of
Mark in Commerce
Under Section 71
(per international
class) (paper, no
form).
9................................ Combined Declaration 2,274 300.00 682,200.00
of Continued Use/
Excusable Nonuse
and
Incontestability
Under Sections 71
and 15 (per
international
class) (PTO-1583
TEAS).
9................................ Combined Declaration 10 $300.00 $3,000.00
of Continued Use/
Excusable Nonuse
and
Incontestability
Under Sections 71
and 15 (per
international
class) (paper, no
form).
--------------------------------------------------------
Total........................ .................... 16,557 ................. $2,175,400.00
----------------------------------------------------------------------------------------------------------------
Therefore, the USPTO estimates that the annual (non-hour) cost
burden for this collection, in the form of postage costs ($80.36) and
filing fees ($2,175,400), will total $2,175,480.36.
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, including
the validity of the methodology and assumptions used;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and
(d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.
Dated: August 24, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2015-21512 Filed 8-28-15; 8:45 am]
BILLING CODE 3510-16-P
