Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Response to Office Action and Voluntary Amendment Forms, 44113-44114 [2023-14607]
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Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Notices
setting of catch level recommendations
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Dated: July 6, 2023.
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[FR Doc. 2023–14629 Filed 7–10–23; 8:45 am]
BILLING CODE 3510–22–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; Response to Office Action
and Voluntary Amendment Forms
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of information collection;
request for comment.
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
information collection: 0651–0050
(Response to Office Action and
Voluntary Amendment Forms). 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
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:25 Jul 10, 2023
Jkt 259001
collection must be received on or before
September 11, 2023.
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.
• Federal Rulemaking Portal: https://
www.regulations.gov.
• Mail: Justin Isaac, 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 ‘‘0651–0050 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 (Act), 15
U.S.C. 1051 et seq., which provides for
the registration of trademarks, service
marks, collective trademarks and 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 United States Patent and Trademark
Office (USPTO). The USPTO
administers the Act through title 37 of
the Code of Federal Regulations. These
rules allow the USPTO to request and
receive information required to process
applications. These rules also allow
applicants to submit certain
amendments to their applications. This
information collection generally
contains information that is not
submitted with the initial trademark
application but is associated with, or
required for, the USPTO review of
applications for registration.
In some cases, the USPTO issues
Office Actions to applicants who have
applied to register a mark, requesting
information that was not provided with
the initial submission, but is required
before the issuance of a registration.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
44113
Also, the USPTO may determine that a
mark is not entitled to registration,
pursuant to one or more provisions of
the Act. In such cases, the USPTO will
issue an Office Action advising the
applicant of the refusal to register the
mark. Applicants reply to these Office
Actions by providing the required
information and/or by putting forth
legal arguments as to why the refusal of
registration should be withdrawn.
Applicants may also supplement their
applications and provide further
information by filing the items included
in this information collection. These
items include a Voluntary Amendment
Not in Response to USPTO Office
Action/Letter, a Request for
Reconsideration after Final Office
Action, a Post-Approval/Publication/
Post-Notice of Allowance (NOA)
Amendment, a Petition to Amend Basis
Post-Publication, or a Response to
Suspension Inquiry or Letter of
Suspension.
II. Method of Collection
Items in this information collection
must be submitted electronically
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: 0651–0050.
Forms: None.
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
Estimated Number of Annual
Respondents: 518,643 respondents.
Estimated Number of Annual
Responses: 518,643 responses.
Estimated Time per Response: The
USPTO estimates that the responses in
this information collection will take the
public approximately between 25
minutes (0.42 hours) and 50 minutes
(0.83 hours) 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: 420,113 hours.
Estimated Total Annual Respondent
Hourly Cost Burden: $182,749,155.
E:\FR\FM\11JYN1.SGM
11JYN1
44114
Federal Register / Vol. 88, No. 131 / Tuesday, July 11, 2023 / Notices
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS
Item No.
1 ...............
2 ...............
3 ...............
4 ...............
5 ...............
6 ...............
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated time for
response
(hours)
Estimated
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent cost
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Response to Office Action
(TEAS).
Voluntary Amendment Not
in Response to USPTO
Office Action/Letter
(TEAS).
Request for Reconsideration After Final Office
Action (TEAS).
Post-Approval/Publication/
Post-Notice of Allowance (NOA) Amendment
(TEAS).
Petition to Amend Basis
Post-Publication (TEAS).
Response to Suspension
Inquiry or Letter of Suspension (TEAS).
467,083
1
467,083
0.83 (50 minutes) .....
387,679
$435
$168,640,365
21,312
1
21,312
0.58 (35 minutes) .....
12,361
435
5,377,035
16,446
1
16,446
0.83 (50 minutes) .....
13,650
435
5,937,750
3,330
1
3,330
0.58 (35 minutes) .....
1,931
435
839,985
590
1
590
0.58 (35 minutes) .....
342
435
148,770
9,882
1
9,882
0.42 (25 minutes) .....
4,150
435
1,805,250
...........................................
518,643
........................
518,643
..................................
420,113
................
182,749,155
Totals
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.
Estimated Total Annual Respondent
Non-hourly Cost Burden: $699,101.
There are no capital start-up,
maintenance cost, or recordkeeping
costs associated with this information
collection. However, USPTO estimates
that the total annual (non-hour) cost
burden for this information collection,
in the form of filing fees ($647,500) and
postage costs ($51,601) is $699,101.
Filing Fees
There are 2 filing fees associated with
this information collection as listed in
the table below:
TABLE 2—FILING FEES
Item No.
Fee code
1 ...........................
7008
5 ...........................
Total ..............
Item
ddrumheller on DSK120RN23PROD with NOTICES1
Estimated
cost
Estimated
non-hour
cost burden
(a)
(b)
(a) × (b) = (c)
5,000
$100
$500,000
7005
Additional processing fee for application that does not meet TEAS Plus filing requirements, per Class.
Petition to Amend Basis Post-Publication (TEAS Global) .............................
590
250
147,500
........................
.........................................................................................................................
5,590
........................
647,500
Postage Costs
Although the USPTO requires that the
items in this information collection be
submitted electronically, in rare cases,
the items may be submitted by mail
through the United States Postal Service
(USPS). The USPTO estimates that 1%
of the 518,643 items will be submitted
in the mail resulting in 5,186 mailed
items. The USPTO estimates that the
average postage cost for a mailed
submission, using a Priority Mail flat
rate legal envelope, will be $9.95.
Therefore, the USPTO estimates the
total mailing costs for this information
collection at $51,601.
IV. Request for Comments
The USPTO is soliciting public
comments to:
(a) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
VerDate Sep<11>2014
Estimated
annual
responses
17:25 Jul 10, 2023
Jkt 259001
Agency, including whether the
information will have practical utility;
(b) Evaluate the accuracy of the
Agency’s estimate of the burden of the
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
PO 00000
Frm 00014
Fmt 4703
Sfmt 9990
to OMB to approve this information
collection. Before including an address,
phone number, email address, or other
personally identifiable 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, USPTO
cannot guarantee that it will be able to
do so.
Justin Isaac,
Information Collections Officer, Office of the
Chief Administrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2023–14607 Filed 7–10–23; 8:45 am]
BILLING CODE 3510–16–P
E:\FR\FM\11JYN1.SGM
11JYN1
]]>Agencies
[Federal Register Volume 88, Number 131 (Tuesday, July 11, 2023)]
[Notices]
[Pages 44113-44114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14607]
-----------------------------------------------------------------------
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; Response to Office Action and Voluntary Amendment Forms
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-
0050 (Response to Office Action and Voluntary Amendment Forms). 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 September 11, 2023.
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.
Federal Rulemaking Portal: https://www.regulations.gov.
Mail: Justin Isaac, 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 ``0651-0050 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
(Act), 15 U.S.C. 1051 et seq., which provides for the registration of
trademarks, service marks, collective trademarks and 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 United States Patent and
Trademark Office (USPTO). The USPTO administers the Act through title
37 of the Code of Federal Regulations. These rules allow the USPTO to
request and receive information required to process applications. These
rules also allow applicants to submit certain amendments to their
applications. This information collection generally contains
information that is not submitted with the initial trademark
application but is associated with, or required for, the USPTO review
of applications for registration.
In some cases, the USPTO issues Office Actions to applicants who
have applied to register a mark, requesting information that was not
provided with the initial submission, but is required before the
issuance of a registration. Also, the USPTO may determine that a mark
is not entitled to registration, pursuant to one or more provisions of
the Act. In such cases, the USPTO will issue an Office Action advising
the applicant of the refusal to register the mark. Applicants reply to
these Office Actions by providing the required information and/or by
putting forth legal arguments as to why the refusal of registration
should be withdrawn.
Applicants may also supplement their applications and provide
further information by filing the items included in this information
collection. These items include a Voluntary Amendment Not in Response
to USPTO Office Action/Letter, a Request for Reconsideration after
Final Office Action, a Post-Approval/Publication/Post-Notice of
Allowance (NOA) Amendment, a Petition to Amend Basis Post-Publication,
or a Response to Suspension Inquiry or Letter of Suspension.
II. Method of Collection
Items in this information collection must be submitted
electronically 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: 0651-0050.
Forms: None.
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent's Obligation: Required to Obtain or Retain Benefits.
Estimated Number of Annual Respondents: 518,643 respondents.
Estimated Number of Annual Responses: 518,643 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately
between 25 minutes (0.42 hours) and 50 minutes (0.83 hours) 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: 420,113 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $182,749,155.
[[Page 44114]]
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated Estimated Estimated annual
Item No. Item annual Responses per annual Estimated time for burden (hour/ Rate \1\ respondent cost
respondents respondent responses response (hours) year) ($/hour) burden
(a) (b) (a) x (b) = (d)................. (c) x (d) = (f) (e) x (f) = (g)
(c) (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............... Response to Office 467,083 1 467,083 0.83 (50 minutes)... 387,679 $435 $168,640,365
Action (TEAS).
2............... Voluntary Amendment 21,312 1 21,312 0.58 (35 minutes)... 12,361 435 5,377,035
Not in Response to
USPTO Office Action/
Letter (TEAS).
3............... Request for 16,446 1 16,446 0.83 (50 minutes)... 13,650 435 5,937,750
Reconsideration
After Final Office
Action (TEAS).
4............... Post-Approval/ 3,330 1 3,330 0.58 (35 minutes)... 1,931 435 839,985
Publication/Post-
Notice of Allowance
(NOA) Amendment
(TEAS).
5............... Petition to Amend 590 1 590 0.58 (35 minutes)... 342 435 148,770
Basis Post-
Publication (TEAS).
6............... Response to 9,882 1 9,882 0.42 (25 minutes)... 4,150 435 1,805,250
Suspension Inquiry
or Letter of
Suspension (TEAS).
-----------------------------------------------------------------------------------------------------------------
Totals...... .................... 518,643 .............. 518,643 .................... 420,113 ......... 182,749,155
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.
Estimated Total Annual Respondent Non-hourly Cost Burden: $699,101.
There are no capital start-up, maintenance cost, or recordkeeping costs
associated with this information collection. However, USPTO estimates
that the total annual (non-hour) cost burden for this information
collection, in the form of filing fees ($647,500) and postage costs
($51,601) is $699,101.
Filing Fees
There are 2 filing fees associated with this information collection
as listed in the table below:
Table 2--Filing Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated non-
Item No. Fee code Item annual Estimated cost hour cost
responses burden
(a) (b) (a) x (b) =
(c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................. 7008 Additional processing fee for 5,000 $100 $500,000
application that does not meet TEAS
Plus filing requirements, per Class.
5.............................................. 7005 Petition to Amend Basis Post- 590 250 147,500
Publication (TEAS Global).
-----------------------------------------------
Total...................................... .............. ....................................... 5,590 .............. 647,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Postage Costs
Although the USPTO requires that the items in this information
collection be submitted electronically, in rare cases, the items may be
submitted by mail through the United States Postal Service (USPS). The
USPTO estimates that 1% of the 518,643 items will be submitted in the
mail resulting in 5,186 mailed items. The USPTO estimates that the
average postage cost for a mailed submission, using a Priority Mail
flat rate legal envelope, will be $9.95. Therefore, the USPTO estimates
the total mailing costs for this information collection at $51,601.
IV. Request for Comments
The USPTO is soliciting public comments to:
(a) Evaluate whether the 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 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) 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.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2023-14607 Filed 7-10-23; 8:45 am]
BILLING CODE 3510-16-P
