[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Notices]
[Page 6632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3823]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Trademark Processing
ACTION: Notice of proposed collection; comment request.
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SUMMARY: The Department of Commerce, as part of its continuing effort
to reduce paperwork and respondent burden, invites the general public
and other Federal agencies to comment on the continuing information
collection, as required by the Paperwork Reduction Act of 1995, Public
Law 104-13 (44 U.S.C. 3506(c)(2)(A)), by the Patent and Trademark
Office (Office) in the performance of its statutory functions of
examining, registering and maintaining trademarks, as required by the
Trademark Act of 1946, as amended, 15 U.S.C. 1051, et seq.
DATES: Written comments must be submitted on or before April 22, 1996.
ADDRESSES: Direct all written comments to Departmental Forms Clearance
Officer, Department of Commerce, Room 5327, 14th and Constitution
Avenue, NW, Washington D.C. 20230.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Lynne G. Beresford, Trademark
Legal Administrator, at the Office of the Assistant Commissioner for
Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513 or by
facsimile transmission to (703) 308-7220.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Patent and Trademark Office (Office) administers the Trademark
Act of 1946, as amended, 15 U.S.C. 1051 et seq., which provides for the
Federal registration of trademarks and service marks. Any individual or
business owning a valid trademark or service mark that is both used in
a type of commerce which can be controlled by Congress, and used in
connection with goods or services, may apply to register its mark. A
registration is valid for ten years and renewable for like periods.
Federal registration is not necessary in order to use a mark, nor is
registration required to obtain rights in a mark. Registration does
provide certain procedural benefits, such as access to Federal court.
Information collected by the Office is required by the statute or the
rules and is used by the Office to determine the eligibility of
trademarks or service marks for registration, to issue registrations,
and to maintain the Register.
II. Method of Collection
Mail or facsimile transmission.
III. Data
OMB Number: 0651-0009.
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Est.
Estimated time for annual Est.
Title of form Form No(s). response burden annual
hours responses
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Application for Trademark..... 1478, 4.8 & 4.9............... 1 hour.................... 165,559 165,559
Amendment to Allege Use....... 1579.......................... 15 minutes................ 1,222 4,882
Statement of Use (SOU)........ 1580.......................... 15 minutes................ 4,626 18,505
Extension of Time to File SOU. 1581.......................... 15 minutes................ 8,438 33,750
Opposition.................... 4.17 & 4.17(a)................ 1 hour.................... 5,248 5,248
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Totals.................. .............................. .......................... 185,090 227,944
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Type of Review: Regular.
Affected Public: The forms are used by trademark owners and
trademark practitioners. However, use of the forms is not mandatory and
many law firms and corporations develop their own forms. Information
collected is a matter of public record, and is used by the public for a
variety of private business purposes related to establishing and
enforcing trademark rights. This information is important to the
public, since both common law trademark owners and Federal trademark
registrants must actively protect their own rights.
Estimated Total Annual Cost: Estimated costs to the private sector
are $11,105,400.
Private sector costs were calculated using a composite rate of
paralegal and attorney time. The paralegal hourly rate was calculated
to be $11 per hour. The professional rate was calculated to be $108 per
hour. In house costs were estimated to be $142,853.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Dated: February 14, 1996.
Linda Engelmeier,
Acting Departmental Forms Clearance Officer, Office of Management and
Organization.
[FR Doc. 96-3823 Filed 2-21-96; 8:45 am]
BILLING CODE 3510-16-P
