Trademarks for Humanity Awards Competition Program, 21650-21652 [2023-07125]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21650-21652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07125]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-C-2022-0039]


Trademarks for Humanity Awards Competition Program

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice.

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SUMMARY: Pursuant to its statutory authority to conduct intellectual 
property programs, the United States Patent and Trademark Office (USPTO 
or Office) is launching a pilot program to promote and incentivize 
brand owners who offer products and services that help address 
humanitarian issues utilizing a federally registered trademark. The 
pilot program will be conducted as an awards competition. For the 
inaugural program, the humanitarian theme will be the environment. 
Participating trademark owners will submit program applications 
describing how the provision of their goods or services, in connection 
with a trademark registered by the USPTO, has addressed a humanitarian 
environmental problem impacting people or the planet.

DATES: Applications will be accepted from April 11, 2023 through July 
14, 2023, or until 200 applications are received, whichever occurs 
first.

ADDRESSES: Applications must be submitted electronically via an online 
application portal, which can be accessed from the USPTO's Trademarks 
for Humanity web page at https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program.

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FOR FURTHER INFORMATION CONTACT: Anna Manville, Attorney-Advisor, 
USPTO, [email protected], 571-272-9300; or Branden Ritchie, 
Senior Level Attorney, USPTO, [email protected], 571-272-9300.

SUPPLEMENTARY INFORMATION: In 2012, the USPTO announced a pilot program 
to recognize humanitarian uses of patented and patent-pending 
technology. See Humanitarian Awards Pilot Program, 77 FR 6544 (February 
8, 2012). Based on the success of that program, the USPTO is announcing 
a pilot awards program to promote and incentivize the use of trademarks 
in connection with the provision of goods and services that address 
humanitarian issues. The USPTO will review the results of this pilot 
program to determine whether to continue or modify the program.
    Eligibility: The competition is open to any entity or person who:
     owns a mark that is the subject of a live federal 
trademark registration issued by the USPTO; and
     is using the mark in U.S. commerce on or in connection 
with the goods and/or services specified in the federal registration.
    Eligible U.S. registrations may be for trademarks, service marks, 
certification marks, collective marks, or collective membership marks.
    Competition Criteria: Applications must describe how applicants 
have addressed a ``humanitarian, environmental problem,'' which is an 
environmental challenge that impacts the welfare of people or the 
planet. Examples of humanitarian, environmental problems include: air, 
land, and water pollution; greenhouse gas emissions; climate change; 
deforestation; water shortages; industrial and household waste; and the 
need for renewable energy solutions, among others.
    Applicants must describe how the provision of their goods and/or 
services in connection with their registered trademark(s) helps to 
address a humanitarian, environmental problem or problems. For example, 
an applicant may be providing products and/or services that use 
environmentally-friendly materials/practices or that relate to 
renewable energy, green technology, water purification, reforestation, 
capturing carbon emissions, or pollution reduction solutions.
    Applicants are encouraged to think broadly regarding the connection 
between the environment and their efforts. For example, an applicant 
may: utilize repurposed or recycled materials to produce or package 
their products; license renewable energy solutions to others; or donate 
its profits toward efforts to address humanitarian, environmental 
problems. Other examples could include a certification mark owner's 
efforts to promote the authorized use of its mark by businesses that 
contribute toward resolving a humanitarian, environmental problem, or a 
non-profit organization's educational and training services to 
encourage best practices surrounding a humanitarian, environmental 
problem. The focus of the applicant's description should be on 
demonstrable, real-world contributions toward a cleaner and healthier 
environment.
    Judges will evaluate submitted applications based on whether and to 
what extent they meet the following four criteria:
    (i) Subject Matter--the provision of the applicant's goods and/or 
services in connection with a mark registered by the USPTO addresses a 
humanitarian, environmental problem;
    (ii) Impact--the provision of the applicant's goods and/or services 
in connection with a mark registered by the USPTO has made a meaningful 
impact in addressing a humanitarian, environmental problem;
    (iii) Creative Solution--the manner by which the applicant 
addresses a humanitarian, environmental problem through the provision 
of its goods and/or services in connection with a mark registered by 
the USPTO represents a creative, new, or improved approach or solution; 
and
    (iv) Character of the Mark--the applicant's registered mark used on 
or in connection with its goods and/or services:
     Creatively conveys the importance of the environment; the 
need to address a humanitarian, environmental problem, or the manner in 
which the applicant's particular goods and/or services, or the 
provision thereof, address a humanitarian, environmental problem; or
     Has become recognized through its use as being associated 
with addressing a humanitarian, environmental problem.
    Selection Factors: In addition to the competition criteria, a 
number of selection factors will be considered in choosing award 
recipients. Unlike judging criteria, selection factors are not items 
that applicants address in their applications. Rather, they are guiding 
principles for administering the competition.
    While a live U.S. trademark registration is required to be eligible 
for the program, the program will be geographically neutral, meaning 
the impact resulting from applicant's efforts can be anywhere in the 
world.
    Diversity with respect to contribution toward addressing 
humanitarian environmental problems will also factor into selections. 
Part of the program's mission is to showcase the numerous ways in which 
trademark owners contribute to humanitarian efforts. No single 
contribution model can address every humanitarian, environmental 
problem. Selected awardees should reflect a diverse range of: products 
and services; organizational structures; sizes (small, medium, and 
large entities); methods of contribution; and specific areas of focus 
within the broad humanitarian, environmental theme.
    Application Process: Applications for the 2023 Trademarks for 
Humanity awards competition will be accepted from April 11, 2023 to 
July 14, 2023, or until 200 applications are received, whichever occurs 
first. Applications must be submitted electronically via an online 
application portal, which can be accessed from the USPTO's Trademarks 
for Humanity web page at https://www.uspto.gov/ip-policy/trademarks-humanity-awards-program. The application portal will feature an 
interactive electronic application form that applicants will use to 
enter application information and upload any supporting materials they 
wish to submit. Submitted applications will be publicly available on 
the application portal after being screened for inappropriate material. 
Submissions containing incomplete or inappropriate material will not be 
considered.
    Applications will contain a required core section and an optional 
supplementary section. In the core section, applicants must describe 
how their efforts meet the defined competition criteria, within a 
strict seven thousand-character limit.
    In the optional supplementary section, applicants may provide 
additional supporting materials (e.g., product/service brochures, 
advertising materials, published articles, third-party testimonials). 
Judges will review the core section of every application, and, time 
permitting, will also review materials submitted in the supplementary 
section.
    This program involves information collection requirements which are 
subject to review by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The 
collection of information involved in this program has been reviewed 
and approved by OMB under control number 0651-0066.

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    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act unless that collection of information 
has a currently valid OMB control number.
    Judging Process: After the application period ends, independent 
judges from outside the USPTO will review, score, and return the 
applications and their evaluations to the USPTO. Judges will evaluate 
applications based on the judging criteria and selection factors 
described above. Each application will be reviewed by multiple judges 
separately, and each judge will review multiple applications. To 
encourage fair, open, and impartial evaluations, judges will perform 
their reviews independently, and the reviews will not be released to 
the public unless release is required by law. After awards have been 
made, however, applicants may request from the USPTO a copy of the 
judges' evaluations for their application with the judges' names 
redacted. Such copies will be sent to either the address on file with 
the application or another address verified as belonging to the 
applicant.
    After the USPTO receives the scored applications from the judges, 
the USPTO will then forward top-scoring applications to separate judges 
from participating federal agencies to recommend award recipients. The 
goal is to complete this recommendation process within 90 days of the 
close of the application period.
    After receiving recommendations from these judges, final decisions 
regarding award recipients will be made at the discretion of the 
Director of the USPTO. Final results may not be challenged for relief 
before the USPTO.
    The actual number of selected award recipients will depend on the 
number and quality of submissions. Once final decisions regarding award 
recipients have been made, the USPTO will notify the awardees and 
schedule a public awards ceremony. The USPTO will attempt to notify 
awardees four weeks before the ceremony date if circumstances permit.
    Selection of Judges: Judges will be selected by the USPTO. 
Candidates with the following qualifications will be preferred:
     Recognized subject matter expertise in trademarks, 
economics, business, law, public policy, or a related field;
     Demonstrated understanding of trademark commercialization, 
branding, and/or marketing;
     Demonstrated knowledge of humanitarian issues 
(specifically of humanitarian, environmental issues for the 2023 
cycle), including the challenges presented by such issues; and
     Experience analyzing the effectiveness of efforts to 
address humanitarian issues.
    Judges will be chosen to minimize conflicts of interest. A conflict 
of interest occurs when a judge: (a) has significant personal or 
financial interests in, or is an employee, officer, director, or agent 
of, any applicant participating in the competition; or (b) has a 
significant familial or financial relationship with an applicant who is 
participating. When conflicts of interest arise, conflicted judges must 
recuse themselves from evaluating the affected applications.
    Awards: Winners of the 2023 competition will receive recognition 
for their humanitarian efforts at a public awards ceremony with the 
Director of the USPTO and/or other executive branch official(s) and 
will be featured on the USPTO's website.

Katherine K. Vidal,
Secretary of Commerce for Intellectual Property and Director of the 
United States Patent and Trademark Office.
[FR Doc. 2023-07125 Filed 4-10-23; 8:45 am]
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