Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Native American Tribal Insignia Database, 35843-35844 [2023-11710]

Download as PDF Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 the inventor or any joint inventor has not been named as the inventor or a joint inventor on more than 12—up from 4—other nonprovisional patent applications in which a petition to make special under this program has been filed. Specifically, the USPTO is replacing the fourth certification set forth in the 2022 Notice with a certification ‘‘that the inventor or any joint inventor has not been named as the inventor or a joint inventor on more than 12 other nonprovisional applications in which a petition to make special under this program has been filed.’’ If the inventor or any one of the joint inventors of the current application has been named as the inventor or a joint inventor on more than 12 other nonprovisional patent applications in which petitions under this program have been filed, then the petition for the current application may not be appropriately filed. Any petitions filed during the existing program count toward the filing limitations in the expanded program. C. Office Form Required for Filing a Petition Petition form PTO/SB/457, titled ‘‘CERTIFICATION AND PETITION TO MAKE SPECIAL UNDER THE CLIMATE CHANGE MITIGATION PILOT PROGRAM,’’ is still required to make the petition under the program. Other than the changes to the subject matter coverage and the filing limitations described above, the conditions, eligibility requirements, and guidelines of the program will be the same as those provided in the 2022 Notice. The USPTO will modify the certifications contained in petition form PTO/SB/ 457—at numbered items 2 and 11—to correspond with the changes described above. The modified petition form will be available for use on June 6, 2023, at www.uspto.gov/patents/apply/forms. The USPTO reminds applicants that under the 2022 Notice, the petition to make special (form PTO/SB/457) must be electronically filed using Patent Center, with the application or entry into the national stage under 35 U.S.C. 371, or within 30 days of the filing date or entry date of the application. The USPTO encourages applicants interested in participating in the program to review the 2022 Notice, along with the information provided on the program’s web page, at www.uspto.gov/patents/laws/patentrelated-notices/climate-changemitigation-pilot-program. Part III. Extension of the Pilot Program The program, as expanded by this notice, will run from June 6, 2023, until VerDate Sep<11>2014 17:37 May 31, 2023 Jkt 259001 either June 7, 2027, or until the date that the USPTO accepts a total of 4,000 grantable petitions, whichever occurs first. The total of 4,000 grantable petitions includes petitions granted under the existing and expanded programs combined. Information concerning the number of petitions that have been filed and granted under the program will continue to be available on the program’s web page. The USPTO may further extend the program (with or without modifications) depending on feedback from the participants and the effectiveness of the program. Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2023–11660 Filed 5–31–23; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Patent and Trademark Office Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Native American Tribal Insignia Database The United States Patent and Trademark Office (USPTO) will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The USPTO invites comment on this information collection renewal, which helps the USPTO assess the impact of its information collection requirements and minimize the public’s reporting burden. Public comments were previously requested via the Federal Register on March 8, 2023 during a 60day comment period. This notice allows for an additional 30 days for public comments. Agency: United States Patent and Trademark Office, Department of Commerce. Title: Native American Tribal Insignia Database. OMB Control Number: 0651–0048. Needs and Uses: The Trademark Law Treaty Implementation Act of 1998 1 (Pub. L. 105–330, 302, 112 Stat. 3071) required the USPTO to study issues surrounding the protection of the official insignia of federally and staterecognized Native American tribes 1 https://www.uspto.gov/trademark/lawsregulations/trademark-law-treaty-implementationact. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 35843 under trademark law. The USPTO conducted the study and presented a report to the House and Senate Judiciary Committees on November 30, 1999. One of the recommendations made in the report was that the USPTO create and maintain an accurate and comprehensive database containing the official insignia of all federally and state-recognized Native American tribes. In accordance with this recommendation, the Senate Committee on Appropriations directed the USPTO to create this database. The USPTO published the final procedures for establishing and maintaining the tribal insignia database in the Federal Register on August 24, 2001 (66 FR 44603).2 The USPTO database of official tribal insignias provides evidence of what a federally or state-recognized Native American tribe considers to be its official insignia. Section 2(a) of the Trademark Act, 15 U.S.C. 1052(a), disallows the registration of marks that falsely suggest a connection with a nonsponsoring person or institution, including a Native American tribe. The database thereby assists trademark examining attorneys in their examination of applications for trademark registration by serving as a reference for determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The database, included within Trademark Electronic Search System (TESS),3 is available to the public on the USPTO website, and includes an online help program for using the system. More information about the program is available on the website at https:// www.uspto.gov/trademarks/laws/nativeamerican-tribal-insignia. Tribes are not required to request that their official insignia be included in the database. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of an official tribal insignia in the database does not create any legal presumption of validity or priority, does not carry any of the benefits of federal trademark registration, and is not a determination as to whether a particular insignia would be allowed or refused registration 2 https://www.federalregister.gov/documents/ 2001/08/24/01-21479/establishment-of-a-databasecontaining-the-official-insignia-of-federally-andstate-recognized. 3 https://www.uspto.gov/trademarks-applicationprocess/search-trademark-database. E:\FR\FM\01JNN1.SGM 01JNN1 ddrumheller on DSK120RN23PROD with NOTICES1 35844 Federal Register / Vol. 88, No. 105 / Thursday, June 1, 2023 / Notices as a trademark pursuant to 15 U.S.C. 1051 et seq. Requests from federally recognized tribes to enter an official insignia into the database must be submitted in writing and include: (1) a depiction of the insignia, including the name of the tribe and the address for correspondence; (2) a copy of the tribal resolution adopting the insignia in question as the official insignia of the tribe; and (3) a statement, signed by an official with authority to bind the tribe, confirming that the insignia included with the request is identical to the official insignia adopted by the tribal resolution. Requests from state-recognized tribes must also be in writing and include each of the three items described above that are submitted by federally recognized tribes. Additionally, requests from state-recognized tribes must include either: (a) a document issued by a state official that evidences the state’s determination that the entity is a Native American tribe; or (b) a citation to a state statute designating the entity as a Native American tribe. The USPTO enters insignia that have been properly submitted by federally or state-recognized Native American tribes into the database and does not investigate whether the insignia is actually the official insignia of the tribe making the request. This information collection includes the information needed by the USPTO to enter an official insignia for a federally or state-recognized Native American tribe into a database of such insignia. No forms are associated with this information collection. Forms: None. Type of Review: Extension and revision of a currently approved information collection. Affected Public: State, Local, and Tribal Governments. Respondent’s Obligation: Required to obtain or retain benefits. Frequency: On occasion. Estimated Number of Annual Respondents: 5 respondents. Estimated Number of Annual Responses: 5 responses. Estimated Time per Response: The USPTO estimates that the responses in this information collection will take respondents approximately 1 hour to complete. This includes the time to gather the necessary information, create the document, and submit the completed request to the USPTO. Estimated Total Annual Respondent Burden Hours: 5 hours. Estimated Total Annual Respondent Non-Hourly Cost Burden: $19. VerDate Sep<11>2014 17:37 May 31, 2023 Jkt 259001 This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce, USPTO information collections currently under review by OMB. Written comments and recommendations for this information collection should be submitted within 30 days of the publication of this notice on the following website www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function and entering either the title of the information collection or the OMB Control Number 0651–0048. Further information can be obtained by: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0048 information request’’ in the subject line of the message. • Mail: Justin Isaac, Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313– 1450. Justin Isaac, Information Collections Officer, Office of the Chief Administrative Officer, United States Patent and Trademark Office. [FR Doc. 2023–11710 Filed 5–31–23; 8:45 am] BILLING CODE 3510–16–P CONSUMER FINANCIAL PROTECTION BUREAU Advisory Committees Solicitation of Applications for Membership Consumer Financial Protection Bureau. ACTION: Notice. AGENCY: The Dodd-Frank Wall Street Reform and Consumer Protection Act (Consumer Financial Protection Act) section 1014 requires the Director of the Consumer Financial Protection Bureau (CFPB) to establish a Consumer Advisory Board to advise and consult with the Bureau in the exercise of its functions under the Federal consumer financial laws, and to provide information on emerging practices in the consumer financial products or services industry, including regional trends, concerns, and other relevant information. Pursuant to the executive and administrative powers conferred on the CFPB by section 1012 of the Consumer Financial Protection Act, the Director of the Consumer Financial Protection Bureau established the discretionary committees, Community SUMMARY: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 Bank Advisory Council, Credit Union Advisory Council, and Academic Research Council under agency authority in accordance with the provisions of the Federal Advisory Committee Act, as amended. This notice advises individuals who wish to serve as a member of the Consumer Advisory Board, Community Bank Advisory Council, Credit Union Advisory Council, or Academic Research Council, of the opportunity to be considered for those advisory committees. The CFPB expects to announce the selection of new members later this year. DATES: Completed applications received between 12:00 a.m. EDT on Monday, July 3, 2023, and 11:59 p.m. EDT on Sunday, July 16, 2023, will be considered for membership on the committees. ADDRESSES: Individuals who meet the qualifications for membership and wish to be considered for the CFPB’s advisory committees, may apply and submit required documents via https:// acam.consumerfinance.gov/. The qualifications for membership and the information required for consideration is described below. If an applicant requires a reasonable accommodation to complete the application, please contact Kimberley Medrano, Senior Advisor, at CFPB_ BoardandCouncilApps@cfpb.gov. If electronic submission is not feasible, submissions may be mailed to the Consumer Financial Protection Bureau, ATTN: Kimberley Medrano, 1700 G Street NW, Washington, DC 20552. Submissions by mail must be postmarked on or before Sunday, July 16, 2023. Because paper mail in the Washington, DC area and at the Bureau is subject to delay, candidates are encouraged to submit applications electronically. FOR FURTHER INFORMATION CONTACT: Kimberley Medrano, Senior Advisor, Advisory Board and Councils, 202–590– 6736, or CFPB_BoardandCouncilApps@ cfpb.gov. SUPPLEMENTARY INFORMATION: I. Background Per section 1021(c) of the Consumer Financial Protection Act, the primary functions of the Bureau are— 1. Conducting financial education programs; 2. Collecting, investigating, and responding to consumer complaints; 3. Collecting, researching, monitoring, and publishing information relevant to the functioning of markets for consumer financial products and services to identify risks to consumers and the proper functioning of such markets; E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35843-35844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11710]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Native American Tribal Insignia Database

    The United States Patent and Trademark Office (USPTO) will submit 
the following information collection request to the Office of 
Management and Budget (OMB) for review and clearance in accordance with 
the Paperwork Reduction Act of 1995, on or after the date of 
publication of this notice. The USPTO invites comment on this 
information collection renewal, which helps the USPTO assess the impact 
of its information collection requirements and minimize the public's 
reporting burden. Public comments were previously requested via the 
Federal Register on March 8, 2023 during a 60-day comment period. This 
notice allows for an additional 30 days for public comments.
    Agency: United States Patent and Trademark Office, Department of 
Commerce.
    Title: Native American Tribal Insignia Database.
    OMB Control Number: 0651-0048.
    Needs and Uses: The Trademark Law Treaty Implementation Act of 1998 
\1\ (Pub. L. 105-330, 302, 112 Stat. 3071) required the USPTO to study 
issues surrounding the protection of the official insignia of federally 
and state-recognized Native American tribes under trademark law. The 
USPTO conducted the study and presented a report to the House and 
Senate Judiciary Committees on November 30, 1999. One of the 
recommendations made in the report was that the USPTO create and 
maintain an accurate and comprehensive database containing the official 
insignia of all federally and state-recognized Native American tribes. 
In accordance with this recommendation, the Senate Committee on 
Appropriations directed the USPTO to create this database. The USPTO 
published the final procedures for establishing and maintaining the 
tribal insignia database in the Federal Register on August 24, 2001 (66 
FR 44603).\2\
---------------------------------------------------------------------------

    \1\ https://www.uspto.gov/trademark/laws-regulations/trademark-law-treaty-implementation-act.
    \2\ https://www.federalregister.gov/documents/2001/08/24/01-21479/establishment-of-a-database-containing-the-official-insignia-of-federally-and-state-recognized.
---------------------------------------------------------------------------

    The USPTO database of official tribal insignias provides evidence 
of what a federally or state-recognized Native American tribe considers 
to be its official insignia. Section 2(a) of the Trademark Act, 15 
U.S.C. 1052(a), disallows the registration of marks that falsely 
suggest a connection with a non-sponsoring person or institution, 
including a Native American tribe. The database thereby assists 
trademark examining attorneys in their examination of applications for 
trademark registration by serving as a reference for determining the 
registrability of a mark that may falsely suggest a connection to the 
official insignia of a Native American tribe. The database, included 
within Trademark Electronic Search System (TESS),\3\ is available to 
the public on the USPTO website, and includes an online help program 
for using the system. More information about the program is available 
on the website at https://www.uspto.gov/trademarks/laws/native-american-tribal-insignia.
---------------------------------------------------------------------------

    \3\ https://www.uspto.gov/trademarks-application-process/search-trademark-database.
---------------------------------------------------------------------------

    Tribes are not required to request that their official insignia be 
included in the database. The entry of an official insignia into the 
database does not confer any rights to the tribe that submitted the 
insignia, and entry is not the legal equivalent of registering the 
insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of 
an official tribal insignia in the database does not create any legal 
presumption of validity or priority, does not carry any of the benefits 
of federal trademark registration, and is not a determination as to 
whether a particular insignia would be allowed or refused registration

[[Page 35844]]

as a trademark pursuant to 15 U.S.C. 1051 et seq.
    Requests from federally recognized tribes to enter an official 
insignia into the database must be submitted in writing and include: 
(1) a depiction of the insignia, including the name of the tribe and 
the address for correspondence; (2) a copy of the tribal resolution 
adopting the insignia in question as the official insignia of the 
tribe; and (3) a statement, signed by an official with authority to 
bind the tribe, confirming that the insignia included with the request 
is identical to the official insignia adopted by the tribal resolution.
    Requests from state-recognized tribes must also be in writing and 
include each of the three items described above that are submitted by 
federally recognized tribes. Additionally, requests from state-
recognized tribes must include either: (a) a document issued by a state 
official that evidences the state's determination that the entity is a 
Native American tribe; or (b) a citation to a state statute designating 
the entity as a Native American tribe.
    The USPTO enters insignia that have been properly submitted by 
federally or state-recognized Native American tribes into the database 
and does not investigate whether the insignia is actually the official 
insignia of the tribe making the request.
    This information collection includes the information needed by the 
USPTO to enter an official insignia for a federally or state-recognized 
Native American tribe into a database of such insignia. No forms are 
associated with this information collection.
    Forms: None.
    Type of Review: Extension and revision of a currently approved 
information collection.
    Affected Public: State, Local, and Tribal Governments.
    Respondent's Obligation: Required to obtain or retain benefits.
    Frequency: On occasion.
    Estimated Number of Annual Respondents: 5 respondents.
    Estimated Number of Annual Responses: 5 responses.
    Estimated Time per Response: The USPTO estimates that the responses 
in this information collection will take respondents approximately 1 
hour to complete. This includes the time to gather the necessary 
information, create the document, and submit the completed request to 
the USPTO.
    Estimated Total Annual Respondent Burden Hours: 5 hours.
    Estimated Total Annual Respondent Non-Hourly Cost Burden: $19.
    This information collection request may be viewed at 
www.reginfo.gov. Follow the instructions to view Department of 
Commerce, USPTO information collections currently under review by OMB.
    Written comments and recommendations for this information 
collection should be submitted within 30 days of the publication of 
this notice on the following website www.reginfo.gov/public/do/PRAMain. 
Find this particular information collection by selecting ``Currently 
under 30-day Review--Open for Public Comments'' or by using the search 
function and entering either the title of the information collection or 
the OMB Control Number 0651-0048.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0048 information request'' in the subject line of the message.
     Mail: Justin Isaac, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450.

Justin Isaac,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2023-11710 Filed 5-31-23; 8:45 am]
BILLING CODE 3510-16-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.