Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Petitions, 23350-23352 [2021-09235]

Download as PDF 23350 Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices CSMAC. See Commerce Spectrum Management Advisory Committee; Call for nominations to serve on Advisory Committee, 86 FR 14613 (March 17, 2021), available at https:// www.ntia.gov/federal-register-notice/ 2021/csmac-membership-invitation. The original application deadline was April 16, 2021. Through this Notice, NTIA is reopening the application window for 10 days to expand the pool of applicants and best ensure the composition of the committee reflects balanced points of view (e.g., past professional or academic accomplishments, industry sector representation, and educational background). All other requirements for appointment to the CSMAC appear in the Supplementary Information section of the March 17, 2021, Notice. Dated: April 28, 2021. Kathy D. Smith, Chief Counsel, National Telecommunications and Information Administration. [FR Doc. 2021–09228 Filed 4–30–21; 8:45 am] BILLING CODE 3510–10–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Petitions Notice of information collection; request for comment. ACTION: The United States Patent and Trademark Office (USPTO), in accordance with the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651–0061 (Trademark Petitions). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB. DATES: To ensure consideration, comments regarding this information collection must be received on or before July 2, 2021. ADDRESSES: Interested persons are invited to submit written comments by any of the following methods. Do not submit Confidential Business Information or otherwise sensitive or protected information. • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0061 comment’’ in the subject line of the message. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:34 Apr 30, 2021 Jkt 253001 • Federal Rulemaking Portal: http:// www.regulations.gov. • Mail: Kimberly Hardy, Office of the Chief Administrative 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 to Catherine.Cain@uspto.gov with ‘‘0651–0061 comment’’ in the subject line. Additional information about this information collection is also available at http://www.reginfo.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: I. Abstract The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 et seq., which provides for the registration of trademarks, service marks, collective trademarks and collective 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 their marks with the USPTO. This information collection covers various trademark related communications to the USPTO, including letters of protest, requests to make special, responses to petition inquiry letters, petitions to make special, requests to restore a filing date, and requests for reinstatement. The information is used by the public for a variety of private business purposes related to establishing and enforcing trademark rights. Information relating to the registration of a trademark is made available to the public by the USPTO. However, the release of information in a letter of protest is controlled and may be available only upon request. A letter of protest is a procedure whereby third parties who object to the registration of a mark in a pending application may bring to the attention of the USPTO evidence bearing on the registrability of the mark. A letter of protest must identify the application being protested and the proposed grounds for refusing registration and include relevant evidence to support the protest. A request to make special may be submitted where an applicant requests that initial examination of an application be advanced out of its PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 regular order because the mark in the application was the subject of an inadvertently cancelled or expired previous registration. A response to a petition inquiry letter is submitted by a petitioner who is responding to a notice of deficiency that the USPTO issued after receiving an incomplete petition to the Director. A petition may be considered incomplete if, for example, it does not include the fee required by 37 CFR 2.6 or if it includes an unverified assertion that is not supported by evidence. The USPTO generally examines applications in the order in which they are received. A petition to make special is a request by the applicant to advance the initial examination of an application out of its regular order. A request to restore a filing date is submitted by an applicant who previously filed an application that was denied a filing date. The request must include evidence showing that the applicant is entitled to the earlier filing date. If an applicant has proof that an application was abandoned due to a USPTO error, an applicant may file a request to reinstate the application instead of a petition to revive. To support such a request, the applicant must include evidence of the USPTO error. II. Method of Collection Items in this information collection must be submitted via online electronic submissions through the Trademark Electronic Application System (TEAS). In limited circumstances, applicants may also be permitted to submit the information in paper form by mail or hand delivery. III. Data OMB Control Number: 0651–0061. Form Numbers: • PTO 2303 (Letter of Protest) • PTO 2304 (Request to Make Special) • PTO 2305 (Response to Petition to Director Inquiry Letter) • PTO 2306 (Petition to Make Special) • PTO 2307 (Request to Restore Filing Date) • PTO 2308 (Request for Reinstatement) Type of Review: Extension and revision of a currently approved information collection. Affected Public: Private sector; individuals or households. Estimated Number of Respondents: 6,221 respondents per year. Estimated Number of Responses: 6,221 responses per year. Estimated Time per Response: The USPTO estimates that it takes the public E:\FR\FM\03MYN1.SGM 03MYN1 23351 Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices approximately 40 minutes (0.67 hours) to 90 minutes (1.25 hours), to complete a response, depending on the complexity of the situation. This includes the time to gather the necessary information, prepare the appropriate documents, and submit the information to the USPTO. Estimated Total Annual Respondent Burden Hours: 6,953 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $2,781,200. TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS Item No. 1 .................... 2 .................... 3 .................... Estimated annual respondents Item Estimated annual responses Estimated time for response (hours) Estimated burden (hour/year) Rate 1 ($/hour) Estimated annual respondent cost burden (a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 3,683 175 321 3,683 175 321 1.25 (75 minutes) 0.67 (40 minutes) 0.83 (50 minutes) 4,604 117 266 $400 400 400 $1,841,600 46,800 106,400 523 13 523 13 0.67 (40 minutes) 0.67 (40 minutes) 350 9 400 400 140,000 3,600 6 .................... Letter of Protest (TEAS) PTO/2303 ..................... Request to Make Special (TEAS) PTO/2304 ...... Response to Petition to Director Inquiry Letter (TEAS) PTO/2305. Petition to Make Special (TEAS) PTO/2306 ....... Request to Restore Filing Date (TEAS) PTO/ 2307. Request for Reinstatement (TEAS) PTO/2308 ... 263 263 0.83 (50 minutes) 218 400 87,200 Total ....... .............................................................................. 4,978 4,978 5,564 .................... 2,225,600 4 .................... 5 .................... .............................. 1 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS Estimated annual respondents Estimated annual responses Estimated time for response (hours) Estimated burden (hour/year) Rate 2 ($/hour) Estimated annual respondent cost burden (b) (a) × (b) = (c) (d) (c) × (d) = (e) Item No. Item 1 .................... 2 .................... 3 .................... 920 44 80 920 44 80 1.25 (75 minutes) 0.67 (40 minutes) 0.83 (50 minutes) 1150 29 66 $400 400 400 $460,000 11,600 26,400 131 131 0.67 (40 minutes) 88 400 35,200 3 3 0.67 (40 minutes) 2 400 800 6 .................... Letter of Protest (TEAS) PTO/2303 ..................... Request to Make Special (TEAS) PTO/2304 ...... Response to Petition to Director Inquiry Letter (TEAS) PTO/2305. Petition to Make Special (TEAS) ......................... PTO/2306 ............................................................. Request to Restore Filing Date (TEAS) PTO/ 2307. Request for Reinstatement (TEAS) PTO/2308 ... 65 65 0.83 (50 minutes) 54 $400 $21,600 Total ....... .............................................................................. 1,243 1,243 1,389 .................... 555,600 (a) 4 .................... 5 .................... .............................. 2 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. Estimated Total Annual (Non-hour) Respondent Cost Burden: $328,390. This information collection has no capital start-up, maintenance, or operating fees. However, this information collection does have filing fees ($328,350) and postage costs ($40). Filing Fees TABLE 3—FILING FEES (NON-HOUR) COST BURDEN FOR TRADEMARK PETITIONS jbell on DSKJLSW7X2PROD with NOTICES Item No. Item Estimated annual responses Estimated cost Estimated non-hour cost burden (a) (b) (a) × (b) = (c) 1 ........................ 4 ........................ 4 ........................ Letter of Protest (TEAS) ............................................................................... Petition to Make Special (TEAS) .................................................................. Petition to Make Special (Paper) ................................................................. 4,603 653 1 $50 150 250 $230,150 97,950 250 Total ........... ....................................................................................................................... ........................ ........................ 328,350 Postage Cost Although the USPTO requires that the items in this information collection be submitted electronically, the items may, in limited situations, be submitted by mail through the United States Postal Service (USPS). The USPTO estimates that the average first-class postage cost VerDate Sep<11>2014 20:34 Apr 30, 2021 Jkt 253001 for a mailed submission will be $8.05 and that approximately 5 submissions may be mailed to the USPTO, for a total postage cost of $40 per year. Respondent’s Obligation: Required to obtain or retain benefits. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 IV. Request for Comments The USPTO is soliciting public comments to: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including E:\FR\FM\03MYN1.SGM 03MYN1 23352 Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Notices whether the information shall have practical utility; (b) Evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the burden of the collection on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. All comments submitted in response to this notice are a matter of public record. The USPTO will include or summarize each comment in the request to OMB to approve this information collection. Before including an address, phone number, email address, or other personal identifying information (PII) in a comment, be aware that the entire comment—including PII—may be made publicly available at any time. While you may ask in your comment to withhold PII from public view, the USPTO cannot guarantee that it will be able to do so. Kimberly Hardy, Information Collections Officer, Office of the Chief Administrative Officer, United States Patent and Trademark Office. [FR Doc. 2021–09235 Filed 4–30–21; 8:45 am] BILLING CODE 3510–16–P CONSUMER PRODUCT SAFETY COMMISSION Sunshine Act Meeting Notice Wednesday, May 5, 2021; 10:00 a.m. PLACE: This meeting will be conducted by remote means. STATUS: Commission meeting—Closed to the Public. MATTER TO BE CONSIDERED: Briefing matter. TIME AND DATE: jbell on DSKJLSW7X2PROD with NOTICES CONTACT PERSON FOR MORE INFORMATION: Alberta E. Mills, Secretary, Division of the Secretariat, Office of the General Counsel, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504–7479 (Office) or 240–863–8938 (cell). Dated: April 28, 2021. Alberta E. Mills, Secretary. [FR Doc. 2021–09304 Filed 4–29–21; 11:15 am] BILLING CODE 6355–01–P VerDate Sep<11>2014 20:34 Apr 30, 2021 Jkt 253001 DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DoD–2021–OS–0028] Privacy Act of 1974; System of Records Defense Media Activity (DMA), Department of Defense (DoD). ACTION: Notice of a modified system of records. AGENCY: In accordance with the Privacy Act of 1974, the DoD is modifying and reissuing a current system of records titled, ‘‘DoD Media Pool and Pentagon Correspondent Files,’’ DPAD 12.0. This system of records was originally established by the Office of the Assistant Secretary of Defense (Public Affairs) to collect and maintain records on news media representatives nominated by their respective bureaus to be members of the DoD Media Pool and Pentagon correspondents who may conduct interviews with Pentagon executivelevel personnel. This system of records notice (SORN) is being updated to incorporate the DoD standard routine uses and support additional information sharing of these records outside of the DoD. The routine uses are proposed to be updated to allow for disclosure to the Department of State to issue passports/ visas to these individuals, and to foreign embassies to obtain a foreign entry visa for these individuals. The DoD is also modifying various other sections within the SORN to improve clarity or update information that has changed. DATES: This system of records modification is effective upon publication; however, comments on the Routine Uses will be accepted on or before June 2, 2021. The Routine Uses are effective at the close of the comment period. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: * Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. * Mail: DoD cannot receive written comments at this time due to the COVID–19 pandemic. Comments should be sent electronically to the docket listed above. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 viewing on the internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ms. Tanya Rose, Director, Information Management, Department of Defense, 1155 Defense Pentagon, Room 2E989, Washington, DC 20301. SUPPLEMENTARY INFORMATION: I. Background The DoD Media Pool and Pentagon Correspondent Files system of records is used to issue Pentagon building and media press passes, arrange foreign clearances and visas, and to determine an individual’s suitability/preparedness for deployment with the media pool. Subject to public comment, the DoD proposes to update this SORN to add standard DoD routine uses (routine uses A through I) and to allow for additional disclosures outside the DoD related to the purpose of this system of records. Specifically, the DoD proposes to add a new routine use (routine use J) to disclose information from this system of records to the Department of State to support issuance of media passports/ visas. The DoD proposes to add another new routine use (routine use K) to support sharing of information with foreign embassies to allow members of the media to obtain foreign entry visas. In addition to updating the routine use section, the other modifications are (1) to the Authority for Maintenance of the System section to update citation(s) and add additional authorities; (2) to the Categories of Individuals Covered by the System section to clarify the individuals covered and Categories of Records to clarify how the records relate to the Category of Individuals; (3) to the Administrative, Technical, and Physical Safeguards to update the individual safeguards protecting the personal information; (4) to the Retention and Disposal section to reflect the approved disposition; (5) to the Record Access Procedures section to reflect the need for individuals to identify the appropriate DoD office or component to which their request should be directed; (6) to the Contesting Records Procedures section to update the appropriate citation for contesting records; and (7) to the System Manager and System Location sections to update the addresses and office names. Furthermore, this notice includes nonsubstantive changes to simplify the formatting and text of the previously published notice. The DoD notices for systems of records subject to the Privacy Act of E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23350-23352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09235]


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

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Trademark Petitions

ACTION: Notice of information collection; request for comment.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), in 
accordance with the Paperwork Reduction Act of 1995, invites comments 
on the extension and revision of an existing information collection: 
0651-0061 (Trademark Petitions). The purpose of this notice is to allow 
60 days for public comment preceding submission of the information 
collection to OMB.

DATES: To ensure consideration, comments regarding this information 
collection must be received on or before July 2, 2021.

ADDRESSES: Interested persons are invited to submit written comments by 
any of the following methods. Do not submit Confidential Business 
Information or otherwise sensitive or protected information.
     Email: [email protected]. Include ``0651-
0061 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Kimberly Hardy, Office of the Chief Administrative 
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 to [email protected] with ``0651-0061 comment'' in 
the subject line. Additional information about this information 
collection is also available at http://www.reginfo.gov under 
``Information Collection Review.''

SUPPLEMENTARY INFORMATION:

I. Abstract

    The United States Patent and Trademark Office (USPTO) administers 
the Trademark Act, 15 U.S.C. 1051 et seq., which provides for the 
registration of trademarks, service marks, collective trademarks and 
collective 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 their 
marks with the USPTO.
    This information collection covers various trademark related 
communications to the USPTO, including letters of protest, requests to 
make special, responses to petition inquiry letters, petitions to make 
special, requests to restore a filing date, and requests for 
reinstatement. The information is used by the public for a variety of 
private business purposes related to establishing and enforcing 
trademark rights. Information relating to the registration of a 
trademark is made available to the public by the USPTO. However, the 
release of information in a letter of protest is controlled and may be 
available only upon request.
    A letter of protest is a procedure whereby third parties who object 
to the registration of a mark in a pending application may bring to the 
attention of the USPTO evidence bearing on the registrability of the 
mark. A letter of protest must identify the application being protested 
and the proposed grounds for refusing registration and include relevant 
evidence to support the protest.
    A request to make special may be submitted where an applicant 
requests that initial examination of an application be advanced out of 
its regular order because the mark in the application was the subject 
of an inadvertently cancelled or expired previous registration.
    A response to a petition inquiry letter is submitted by a 
petitioner who is responding to a notice of deficiency that the USPTO 
issued after receiving an incomplete petition to the Director. A 
petition may be considered incomplete if, for example, it does not 
include the fee required by 37 CFR 2.6 or if it includes an unverified 
assertion that is not supported by evidence.
    The USPTO generally examines applications in the order in which 
they are received. A petition to make special is a request by the 
applicant to advance the initial examination of an application out of 
its regular order.
    A request to restore a filing date is submitted by an applicant who 
previously filed an application that was denied a filing date. The 
request must include evidence showing that the applicant is entitled to 
the earlier filing date.
    If an applicant has proof that an application was abandoned due to 
a USPTO error, an applicant may file a request to reinstate the 
application instead of a petition to revive. To support such a request, 
the applicant must include evidence of the USPTO error.

II. Method of Collection

    Items in this information collection must be submitted via online 
electronic submissions through the Trademark Electronic Application 
System (TEAS). In limited circumstances, applicants may also be 
permitted to submit the information in paper form by mail or hand 
delivery.

III. Data

    OMB Control Number: 0651-0061.
    Form Numbers:

 PTO 2303 (Letter of Protest)
 PTO 2304 (Request to Make Special)
 PTO 2305 (Response to Petition to Director Inquiry Letter)
 PTO 2306 (Petition to Make Special)
 PTO 2307 (Request to Restore Filing Date)
 PTO 2308 (Request for Reinstatement)

    Type of Review: Extension and revision of a currently approved 
information collection.
    Affected Public: Private sector; individuals or households.
    Estimated Number of Respondents: 6,221 respondents per year.
    Estimated Number of Responses: 6,221 responses per year.
    Estimated Time per Response: The USPTO estimates that it takes the 
public

[[Page 23351]]

approximately 40 minutes (0.67 hours) to 90 minutes (1.25 hours), to 
complete a response, depending on the complexity of the situation. This 
includes the time to gather the necessary information, prepare the 
appropriate documents, and submit the information to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 6,953 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: $2,781,200.

                                               Table 1--Total Hourly Burden for Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                             Estimated
                                                      Estimated    Estimated   Estimated time  for response     Estimated      Rate \1\       annual
         Item No.                    Item               annual       annual               (hours)            burden  (hour/    ($/hour)     respondent
                                                     respondents   responses                                      year)                     cost burden
                                                                          (a)  (b).........................     (a) x (b) =          (d)     (c) x (d) =
                                                                                                                        (c)                          (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1........................  Letter of Protest (TEAS)        3,683        3,683  1.25 (75 minutes)...........           4,604         $400      $1,841,600
                            PTO/2303.
2........................  Request to Make Special           175          175  0.67 (40 minutes)...........             117          400          46,800
                            (TEAS) PTO/2304.
3........................  Response to Petition to           321          321  0.83 (50 minutes)...........             266          400         106,400
                            Director Inquiry Letter
                            (TEAS) PTO/2305.
4........................  Petition to Make Special          523          523  0.67 (40 minutes)...........             350          400         140,000
                            (TEAS) PTO/2306.
5........................  Request to Restore                 13           13  0.67 (40 minutes)...........               9          400           3,600
                            Filing Date (TEAS) PTO/
                            2307.
6........................  Request for                       263          263  0.83 (50 minutes)...........             218          400          87,200
                            Reinstatement (TEAS)
                            PTO/2308.
                                                    ----------------------------------------------------------------------------------------------------
    Total................  ........................        4,978        4,978  ............................           5,564  ...........       2,225,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association
  (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms
  which is $400 per hour.


                                         Table 2--Total Hourly Burden for Individuals or Households Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                             Estimated
                                                      Estimated    Estimated   Estimated time  for response     Estimated    Rate \2\ ($/     annual
         Item No.                    Item               annual       annual               (hours)             burden (hour/     hour)       respondent
                                                     respondents   responses                                      year)                     cost burden
                                                                          (a)  (b).........................     (a) x (b) =          (d)     (c) x (d) =
                                                                                                                        (c)                          (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1........................  Letter of Protest (TEAS)          920          920  1.25 (75 minutes)...........            1150         $400        $460,000
                            PTO/2303.
2........................  Request to Make Special            44           44  0.67 (40 minutes)...........              29          400          11,600
                            (TEAS) PTO/2304.
3........................  Response to Petition to            80           80  0.83 (50 minutes)...........              66          400          26,400
                            Director Inquiry Letter
                            (TEAS) PTO/2305.
4........................  Petition to Make Special          131          131  0.67 (40 minutes)...........              88          400          35,200
                            (TEAS).
                           PTO/2306................
5........................  Request to Restore                  3            3  0.67 (40 minutes)...........               2          400             800
                            Filing Date (TEAS) PTO/
                            2307.
6........................  Request for                        65           65  0.83 (50 minutes)...........              54         $400         $21,600
                            Reinstatement (TEAS)
                            PTO/2308.
                                                    ----------------------------------------------------------------------------------------------------
    Total................  ........................        1,243        1,243  ............................           1,389  ...........         555,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association
  (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms
  which is $400 per hour.

    Estimated Total Annual (Non-hour) Respondent Cost Burden: $328,390. 
This information collection has no capital start-up, maintenance, or 
operating fees. However, this information collection does have filing 
fees ($328,350) and postage costs ($40).

Filing Fees

                       Table 3--Filing Fees (Non-Hour) Cost Burden for Trademark Petitions
----------------------------------------------------------------------------------------------------------------
                                                                     Estimated                    Estimated  non-
             Item No.                           Item                  annual         Estimated      hour  cost
                                                                     responses         cost           burden
                                                                             (a)             (b)     (a) x (b) =
                                                                                                             (c)
----------------------------------------------------------------------------------------------------------------
1.................................  Letter of Protest (TEAS)....           4,603             $50        $230,150
4.................................  Petition to Make Special                 653             150          97,950
                                     (TEAS).
4.................................  Petition to Make Special                   1             250             250
                                     (Paper).
                                                                 -----------------------------------------------
    Total.........................  ............................  ..............  ..............         328,350
----------------------------------------------------------------------------------------------------------------

Postage Cost

    Although the USPTO requires that the items in this information 
collection be submitted electronically, the items may, in limited 
situations, be submitted by mail through the United States Postal 
Service (USPS). The USPTO estimates that the average first-class 
postage cost for a mailed submission will be $8.05 and that 
approximately 5 submissions may be mailed to the USPTO, for a total 
postage cost of $40 per year.
    Respondent's Obligation: Required to obtain or retain benefits.

IV. Request for Comments

    The USPTO is soliciting public comments to:
    (a) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including

[[Page 23352]]

whether the information shall have practical utility;
    (b) Evaluate the accuracy of the Agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (d) Minimize the burden of the collection on those who are to 
respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    All comments submitted in response to this notice are a matter of 
public record. The USPTO will include or summarize each comment in the 
request to OMB to approve this information collection. Before including 
an address, phone number, email address, or other personal identifying 
information (PII) in a comment, be aware that the entire comment--
including PII--may be made publicly available at any time. While you 
may ask in your comment to withhold PII from public view, the USPTO 
cannot guarantee that it will be able to do so.

Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2021-09235 Filed 4-30-21; 8:45 am]
BILLING CODE 3510-16-P