Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Madrid Protocol, 7430-7433 [2022-02641]
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
Legal Authority: 33 U.S.C. chapter 17,
subchapter 1, sections 853 and 854.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2022–02674 Filed 2–8–22; 8:45 am]
BILLING CODE 3510–22–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; Madrid Protocol
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of information collection;
request for comment.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
The United States Patent and
Trademark Office (USPTO), as required
by the Paperwork Reduction Act of
1995, invites comments on the
extension and revision of an existing
SUMMARY:
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information collection: 0651–0051
(Madrid Protocol). 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
April 11, 2022.
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 ‘‘0651–0051
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 at Catherine.Cain@uspto.gov
with ‘‘0651–0051 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
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. 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
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countries by submitting a single
international application 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 came into
effect 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. Individuals and businesses
that use or intend to use such marks in
commerce may file an application to
register the marks with the USPTO.
Both the register and the information
provided in pending applications for
registration can be accessed by the
public in order to determine the
availability of a mark and lessen the
likelihood of initiating the use of a mark
previously adopted by another.
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: 0651–0051.
Forms:
• PTO/1663 (Declaration of Continued
Use/Excusable Nonuse of Mark in
Commerce Under Section 71)
• PTO/1683 (Combined Declaration of
Continued Use/Excusable Nonuse and
Incontestability Under Sections 71
and 15)
• PTO/2131 (Application for
International Registration)
• PTO/2132 (Application for
Subsequent Designation)
• PTO/2133 (Response to Notice of
Irregularity)
• PTO/2314 (Replacement Request)
• PTO/2315 (Transformation Request)
• PTO/2316 (Petition to Director to
Review Denial of Certification of
International Application)
• PTO/2317 (Petition to Director for an
International Application/
Registration)
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector;
individuals and households.
Respondent’s Obligation: Required to
obtain or retain benefits.
Estimated Number of Annual
Respondents: 54,082 respondents.
Estimated Number of Annual
Responses: 54,082 responses.
Estimated Time per Response: The
USPTO estimates that the responses in
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
this information collection will take the
public approximately between 40
minutes (0.66 hours) to 75 minutes (1.25
hours) to complete. This includes 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: 48,671 hours.
Estimated Total Annual Respondent
Hourly Cost Burden: $21,171,885.
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS
Item
No.
1 .........
2 .........
3 .........
4 .........
5 .........
6 .........
7 .........
8 .........
9 .........
10 .......
Item
Application for International Registration; PTO–2131.
Request for Extension of Protection
of International Registration to
the United States (WIPO).
Response to Notice of Irregularity;
PTO–2133.
Replacement Request; PTO–2314
Transformation Request; PTO–
2315.
Petition to Director to Review Denial of Certification of International Application; PTO–2316.
Application for Subsequent Designation; PTO–2132.
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71; PTO–
1663.
Combined Declaration of Continued Use/Excusable Nonuse and
Incontestability Under Sections
71 and 15; PTO–1683.
Petition to Director for an International Application/Registration;
PTO–2317.
Total ........................................
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated time
for response
(hours)
Estimated
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
7,778
1
7,778
.66 (40 minutes)
5,133
$435
$2,232,855
34,960
1
34,960
1 .........................
34,960
435
15,207,600
812
1
812
.66 (40 minutes)
536
435
233,160
10
2
1
1
10
2
.75 (45 minutes)
.66 (40 minutes)
8
1
435
435
3,480
435
3
1
3
1.25 (75 minutes)
4
435
1,740
740
1
740
1.25 (75 minutes)
925
435
402,375
4,703
1
4,703
.66 (40 minutes)
3,104
435
1,350,240
2,317
1
2,317
.66 (40 minutes)
1,529
435
665,115
50
1
50
.66 (40 minutes)
33
435
14,355
51,375
........................
51,375
46,233
..................
20,111,355
............................
1 2021
Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA);
pg F–27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour. (https://www.aipla.org/home/news-publications/economic-survey).
TABLE 2—TOTAL BURDEN HOURS AND HOURLY COSTS TO INDIVIDUALS AND HOUSEHOLDS RESPONDENTS
Item
No.
1 .........
2 .........
3 .........
4 .........
5 .........
6 .........
7 .........
8 .........
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9 .........
10 .......
Item
Application for International Registration; PTO–2131.
Request for Extension of Protection of International Registration
to the United States (WIPO).
Response to Notice of Irregularity;
PTO–2133.
Replacement Request; PTO–2314
Transformation Request; PTO–
2315.
Petition to Director to Review Denial of Certification of International Application; PTO–2316.
Application for Subsequent Designation; PTO–2132.
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71; PTO–
1663.
Combined Declaration of Continued Use/Excusable Nonuse and
Incontestability Under Sections
71 and 15; PTO–1683.
Petition to Director for an International Application/Registration;
PTO–2317.
Totals .......................................
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated time
for response
(hours)
Estimated
burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
409
1
409
1,840
1
1,840
43
1
43
1
1
1
1
2
.66 (40 minutes)
270
$435
$117,450
1,840
435
800,400
.66 (40 minutes)
28
435
12,180
1
1
.75 (45 minutes)
.66 (40 minutes)
1
1
435
435
435
435
1
2
1.25 (75 minutes)
3
435
1,305
39
1
39
1.25 (75 minutes)
49
435
21,315
248
1
248
.66 (40 minutes)
164
435
71,340
122
1
122
.66 (40 minutes)
81
435
35,235
2
1
2
.66 (40 minutes)
1
435
435
2,707
........................
2,707
2,438
..................
1,060,530
1 .........................
............................
2 Ibid.
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
Estimated Total Annual Respondent
Non-hourly Cost Burden: $21,516,380.
This information collection has no
capital start-up, maintenance costs, or
recordkeeping costs. However, this
information collection does have annual
costs in the form of filing fees and
postage costs.
Filing Fees: Filing fees are charged per
class of goods or services and can vary
depending on the number of classes.
The filing fees shown here are based on
the minimum fee of one class per
document associated with this
information collection.
TABLE 3—ESTIMATED TOTAL ANNUAL RESPONDENT FILING FEE COST BURDEN
Item No.
Item
1 ......................
1 ......................
1 ......................
1 ......................
2 ......................
3
3
4
4
6
6
7
......................
......................
......................
......................
......................
......................
......................
7 ......................
8 ......................
8 ......................
9 ......................
9 ......................
10 ....................
10 ....................
10 ....................
10 ....................
Application for International Registration (for certifying an international application based on a single basic application or registration, per international class) (TEAS).
Application for International Registration (for certifying an international application based on a single basic application or registration, per international class) (paper).
Application for International Registration (for certifying an international application based on more than one basic application or registration, per
international class) (TEAS).
Application for International Registration (for certifying an international application based on more than one basic application or registration, per
international class) (paper).
Request for Extension of Protection of International Registration to the
United States (WIPO).
Transmitting a Subsequent Designation under Section 7.21 (TEAS) ............
Transmitting a Subsequent Designation under Section 7.21 (paper) ............
Notice of Replacement under Section 7.28 (per international class) (TEAS)
Notice of Replacement under Section 7.28 (per international class) (paper)
Transformation Request (per international class (TEAS) ..............................
Transformation Request (per international class) (paper) .............................
Petition to Director to Review Denial of Certification of International Application (TEAS).
Petition to Director to Review Denial of Certification of International Application (paper).
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce
Under Section 71 (per international class) (TEAS).
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce
Under Section 71 (per international class) (paper).
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (TEAS).
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (paper).
Petition to Director for an International Application/Registration (TEAS) ......
Petition to Director for an International Application/Registration (paper) .......
Request to Record an Assignment or Restriction, or Release of a Restriction, under Sections 7.23 and 7.24 (TEAS).
Request to Record an Assignment or Restriction, or Release of a Restriction, under Section 7.23 and 7.24 (paper).
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Total .........................................................................................................
Postage Costs:
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). Approximately 14
submissions per year are estimated to be
mailed to the USPTO. The USPTO
estimates that the average postage cost
for a mailed submission, using a Priority
Mail flat rate legal envelope will be
$9.25. Therefore, the USPTO estimates
$130 in postage costs associated with
this information collection.
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IV. Request for Comments
The USPTO is soliciting public
comments to:
(a) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility;
(b) Evaluate the accuracy of the
Agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(c) Enhance the quality, utility, and
clarity of the information to be
collected; and
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Estimated
annual
responses
Filing fee
($)
Total non-hour
cost burden
(yr)
(a)
(b)
(a) × (b) = (c)
6,959
$100
$695,900
1
200
200
1,228
150
184,200
1
250
250
36,800
500
18,400,000
779
1
10
1
2
1
5
100
200
100
200
350
750
250
77,900
200
1,000
200
700
750
1,250
1
350
350
4,951
225
1,113,975
1
325
325
2,439
425
1,036,575
1
625
625
2
1
8
250
350
100
500
350
800
1
200
200
53,193
........................
21,516,250
(d) Minimize the burden of the
collection of information 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. 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
personally identifiable information (PII)
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Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Notices
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, 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. 2022–02641 Filed 2–8–22; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Charter Amendment of Department of
Defense Federal Advisory
Committees—U.S. Air Force Scientific
Advisory Board
Department of Defense (DoD).
Charter amendment and name
change of Federal Advisory Committee.
AGENCY:
ACTION:
DoD is publishing this notice
to announce that it is amending the
charter for the U.S. Air Force Scientific
Advisory Board and changing its name
to the Department of the Air Force
Scientific Advisory Board (DAF SAB).
FOR FURTHER INFORMATION CONTACT: Jim
Freeman, DoD Advisory Committee
Management Officer, 703–692–5952.
SUPPLEMENTARY INFORMATION: The U.S.
Air Force Scientific Advisory Board will
now be known as the DAF SAB, and its
charter is being amended in accordance
with the Federal Advisory Committee
Act (FACA) (5 U.S.C., Appendix) and 41
CFR 102–3.50(d). The charter and
contact information for the DAF SAB’s
Designated Federal Officer (DFO) are
found at https://www.facadatabase.gov/
FACA/apex/FACAPublicAgency
Navigation.
The DAF SAB provides the Secretary
of Defense and Deputy Secretary of
Defense with independent advice and
recommendations on matters supporting
the Department of the Air Force’s (DAF)
scientific and technical enterprise and
specifically on matters pertaining to (a)
conducting studies on topics deemed
critical by the Secretary of the Air Force;
(b) recommending applications of
technology to improve DAF capabilities;
and (c) providing independent reviews
of the quality and relevance of the DAF
science and technology (S&T) programs.
The DAF SAB is composed of no more
than 20 members who are eminent
authorities in the fields of defense and/
or S&T. These members come from
varied backgrounds such as science,
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SUMMARY:
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technology, manufacturing, acquisition,
logistics, public or private sector
business management, Federally
Funded Research and Development
Centers, National Laboratories, and
academia (universities and colleges).
Individual members are appointed
according to DoD policy and
procedures, and serve a term of service
of one-to-four years with annual
renewals. One member will be
appointed as Chair of the DAF SAB. No
member, unless approved according to
DoD policy and procedures, may serve
more than two consecutive terms of
service on the DAF SAB, or serve on
more than two DoD Federal advisory
committees at one time.
DAF SAB members who are not fulltime or permanent part-time Federal
civilian officers or employees, or active
duty members of the Uniformed
Services, are appointed as experts or
consultants, pursuant to 5 U.S.C. 3109,
to serve as special government
employee members. DAF SAB members
who are full-time or permanent parttime Federal civilian officers or
employees, or active duty members of
the Uniformed Services are appointed
pursuant to 41 CFR 102–3.130(a), to
serve as regular government employee
members.
All DAF SAB members are appointed
to provide advice based on their best
judgment without representing any
particular point of view and in a manner
that is free from conflict of interest.
Except for reimbursement of official
DAF SAB-related travel and per diem,
members serve without compensation.
The public or interested organizations
may submit written statements about
the DAF SAB’s mission and functions.
Written statements may be submitted at
any time or in response to the stated
agenda of planned meeting of the DAF
SAB. All written statements shall be
submitted to the DFO for the DAF SAB,
and this individual will ensure that the
written statements are provided to the
membership for their consideration.
Dated: February 4, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2022–02735 Filed 2–8–22; 8:45 am]
BILLING CODE 5001–06–P
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7433
DEPARTMENT OF EDUCATION
Applications for New Awards;
Educational Technology, Media, and
Materials for Individuals With
Disabilities Program—Educational
Materials in Accessible Formats for
Eligible Children and Students With
Disabilities
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice.
AGENCY:
The Department of Education
(Department) is issuing a notice inviting
applications for new awards for fiscal
year (FY) 2022 for Educational Materials
in Accessible Formats for Eligible
Children and Students with Disabilities,
Assistance Listing Number 84.327D.
This notice relates to the approved
information collection under OMB
control number 1820–0028.
DATES:
Applications Available: February 9,
2022.
Deadline for Transmittal of
Applications: April 11, 2022.
Deadline for Intergovernmental
Review: June 9, 2022.
Pre-Application Webinar Information:
No later than 5 DAYS AFTER DATE OF
PUBLICATION IN THE Federal
Register, the Office of Special Education
and Rehabilitative Services (OSERS)
will post details on pre-recorded
informational webinars designed to
provide technical assistance to
interested applicants. Links to the
webinars may be found at www2.ed.gov/
fund/grant/apply/osep/new-osepgrants.html.
SUMMARY:
For the addresses for
obtaining and submitting an
application, please refer to our Common
Instructions for Applicants to
Department of Education Discretionary
Grant Programs, published in the
Federal Register on December 27, 2021
(86 FR 73264) and available at
www.federalregister.gov/d/2021-27979.
Please note that these Common
Instructions supersede the version
published on February 13, 2019, and, in
part, describe the transition from the
requirement to register in SAM.gov a
Data Universal Numbering System
(DUNS) number to the implementation
of the Unique Entity Identifier (UEI).
More information on the phase-out of
DUNS numbers is available at https://
www2.ed.gov/about/offices/list/ofo/
docs/unique-entity-identifier-transitionfact-sheet.pdf.
FOR FURTHER INFORMATION CONTACT:
Carlene Reid, U.S. Department of
ADDRESSES:
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]]>Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7430-7433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02641]
-----------------------------------------------------------------------
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; Madrid Protocol
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as
required by the Paperwork Reduction Act of 1995, invites comments on
the extension and revision of an existing information collection: 0651-
0051 (Madrid Protocol). 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 April 11, 2022.
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-
0051 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 at [email protected] with ``0651-0051 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
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.
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 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
came into effect 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.
Individuals and businesses that use or intend to use such marks in
commerce may file an application to register the marks with the USPTO.
Both the register and the information provided in pending applications
for registration can be accessed by the public in order to determine
the availability of a mark and lessen the likelihood of initiating the
use of a mark previously adopted by another.
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: 0651-0051.
Forms:
PTO/1663 (Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71)
PTO/1683 (Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and 15)
PTO/2131 (Application for International Registration)
PTO/2132 (Application for Subsequent Designation)
PTO/2133 (Response to Notice of Irregularity)
PTO/2314 (Replacement Request)
PTO/2315 (Transformation Request)
PTO/2316 (Petition to Director to Review Denial of
Certification of International Application)
PTO/2317 (Petition to Director for an International
Application/Registration)
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector; individuals and households.
Respondent's Obligation: Required to obtain or retain benefits.
Estimated Number of Annual Respondents: 54,082 respondents.
Estimated Number of Annual Responses: 54,082 responses.
Estimated Time per Response: The USPTO estimates that the responses
in
[[Page 7431]]
this information collection will take the public approximately between
40 minutes (0.66 hours) to 75 minutes (1.25 hours) to complete. This
includes 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: 48,671 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $21,171,885.
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Responses per Estimated Estimated time for Estimated Rate \1\ annual
Item No. Item annual respondent annual response (hours) burden (hour/ ($/hour) respondent
respondents responses year) cost burden
(a) (b) (a) x (b) = (d).................... (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............ Application for 7,778 1 7,778 .66 (40 minutes)....... 5,133 $435 $2,232,855
International
Registration; PTO-
2131.
2............ Request for 34,960 1 34,960 1...................... 34,960 435 15,207,600
Extension of
Protection of
International
Registration to the
United States
(WIPO).
3............ Response to Notice 812 1 812 .66 (40 minutes)....... 536 435 233,160
of Irregularity;
PTO-2133.
4............ Replacement Request; 10 1 10 .75 (45 minutes)....... 8 435 3,480
PTO-2314.
5............ Transformation 2 1 2 .66 (40 minutes)....... 1 435 435
Request; PTO-2315.
6............ Petition to Director 3 1 3 1.25 (75 minutes)...... 4 435 1,740
to Review Denial of
Certification of
International
Application; PTO-
2316.
7............ Application for 740 1 740 1.25 (75 minutes)...... 925 435 402,375
Subsequent
Designation; PTO-
2132.
8............ Declaration of 4,703 1 4,703 .66 (40 minutes)....... 3,104 435 1,350,240
Continued Use/
Excusable Nonuse of
Mark in Commerce
Under Section 71;
PTO-1663.
9............ Combined Declaration 2,317 1 2,317 .66 (40 minutes)....... 1,529 435 665,115
of Continued Use/
Excusable Nonuse
and
Incontestability
Under Sections 71
and 15; PTO-1683.
10........... Petition to Director 50 1 50 .66 (40 minutes)....... 33 435 14,355
for an
International
Application/
Registration; PTO-
2317.
--------------------------------------------------------------------------------------------------------------------
Total............ 51,375 .............. 51,375 ....................... 46,233 .......... 20,111,355
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association
(AIPLA); pg F-27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour. (https://www.aipla.org/home/news-publications/economic-survey).
Table 2--Total Burden Hours and Hourly Costs to Individuals and Households Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Responses per Estimated Estimated time for Estimated Rate \2\ annual
Item No. Item annual respondent annual response (hours) burden (hour/ ($/hour) respondent
respondents responses year) cost burden
(a) (b) (a) x (b) = (d).................... (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............ Application for 409 1 409 .66 (40 minutes)....... 270 $435 $117,450
International
Registration; PTO-
2131.
2............ Request for 1,840 1 1,840 1...................... 1,840 435 800,400
Extension of
Protection of
International
Registration to the
United States
(WIPO).
3............ Response to Notice 43 1 43 .66 (40 minutes)....... 28 435 12,180
of Irregularity;
PTO-2133.
4............ Replacement Request; 1 1 1 .75 (45 minutes)....... 1 435 435
PTO-2314.
5............ Transformation 1 1 1 .66 (40 minutes)....... 1 435 435
Request; PTO-2315.
6............ Petition to Director 2 1 2 1.25 (75 minutes)...... 3 435 1,305
to Review Denial of
Certification of
International
Application; PTO-
2316.
7............ Application for 39 1 39 1.25 (75 minutes)...... 49 435 21,315
Subsequent
Designation; PTO-
2132.
8............ Declaration of 248 1 248 .66 (40 minutes)....... 164 435 71,340
Continued Use/
Excusable Nonuse of
Mark in Commerce
Under Section 71;
PTO-1663.
9............ Combined Declaration 122 1 122 .66 (40 minutes)....... 81 435 35,235
of Continued Use/
Excusable Nonuse
and
Incontestability
Under Sections 71
and 15; PTO-1683.
10........... Petition to Director 2 1 2 .66 (40 minutes)....... 1 435 435
for an
International
Application/
Registration; PTO-
2317.
--------------------------------------------------------------------------------------------------------------------
Totals........... 2,707 .............. 2,707 ....................... 2,438 .......... 1,060,530
--------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ Ibid.
[[Page 7432]]
Estimated Total Annual Respondent Non-hourly Cost Burden:
$21,516,380. This information collection has no capital start-up,
maintenance costs, or recordkeeping costs. However, this information
collection does have annual costs in the form of filing fees and
postage costs.
Filing Fees: Filing fees are charged per class of goods or services
and can vary depending on the number of classes. The filing fees shown
here are based on the minimum fee of one class per document associated
with this information collection.
Table 3--Estimated Total Annual Respondent Filing Fee Cost Burden
----------------------------------------------------------------------------------------------------------------
Estimated Total non-hour
Item No. Item annual Filing fee cost burden
responses ($) (yr)
(a) (b) (a) x (b) =
(c)
----------------------------------------------------------------------------------------------------------------
1........................ Application for International 6,959 $100 $695,900
Registration (for certifying an
international application based on a
single basic application or
registration, per international
class) (TEAS).
1........................ Application for International 1 200 200
Registration (for certifying an
international application based on a
single basic application or
registration, per international
class) (paper).
1........................ Application for International 1,228 150 184,200
Registration (for certifying an
international application based on
more than one basic application or
registration, per international
class) (TEAS).
1........................ Application for International 1 250 250
Registration (for certifying an
international application based on
more than one basic application or
registration, per international
class) (paper).
2........................ Request for Extension of Protection 36,800 500 18,400,000
of International Registration to the
United States (WIPO).
3........................ Transmitting a Subsequent Designation 779 100 77,900
under Section 7.21 (TEAS).
3........................ Transmitting a Subsequent Designation 1 200 200
under Section 7.21 (paper).
4........................ Notice of Replacement under Section 10 100 1,000
7.28 (per international class)
(TEAS).
4........................ Notice of Replacement under Section 1 200 200
7.28 (per international class)
(paper).
6........................ Transformation Request (per 2 350 700
international class (TEAS).
6........................ Transformation Request (per 1 750 750
international class) (paper).
7........................ Petition to Director to Review Denial 5 250 1,250
of Certification of International
Application (TEAS).
7........................ Petition to Director to Review Denial 1 350 350
of Certification of International
Application (paper).
8........................ Declaration of Continued Use/ 4,951 225 1,113,975
Excusable Nonuse of Mark in Commerce
Under Section 71 (per international
class) (TEAS).
8........................ Declaration of Continued Use/ 1 325 325
Excusable Nonuse of Mark in Commerce
Under Section 71 (per international
class) (paper).
9........................ Combined Declaration of Continued Use/ 2,439 425 1,036,575
Excusable Nonuse and
Incontestability Under Sections 71
and 15 (per international class)
(TEAS).
9........................ Combined Declaration of Continued Use/ 1 625 625
Excusable Nonuse and
Incontestability Under Sections 71
and 15 (per international class)
(paper).
10....................... Petition to Director for an 2 250 500
International Application/
Registration (TEAS).
10....................... Petition to Director for an 1 350 350
International Application/
Registration (paper).
10....................... Request to Record an Assignment or 8 100 800
Restriction, or Release of a
Restriction, under Sections 7.23 and
7.24 (TEAS).
10....................... Request to Record an Assignment or 1 200 200
Restriction, or Release of a
Restriction, under Section 7.23 and
7.24 (paper).
-----------------------------------------------
Total............................. 53,193 .............. 21,516,250
----------------------------------------------------------------------------------------------------------------
Postage Costs:
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). Approximately 14 submissions per year are estimated to
be mailed to the USPTO. The USPTO estimates that the average postage
cost for a mailed submission, using a Priority Mail flat rate legal
envelope will be $9.25. Therefore, the USPTO estimates $130 in postage
costs associated with this information collection.
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 whether the information will 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 of information 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. 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 personally
identifiable information (PII)
[[Page 7433]]
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, 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. 2022-02641 Filed 2-8-22; 8:45 am]
BILLING CODE 3510-16-P
