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]
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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.
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SUMMARY:
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• Federal Rulemaking Portal: https://
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 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 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
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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
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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
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20:34 Apr 30, 2021
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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.
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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
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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:
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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
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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: https://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 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
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