[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Notices]
[Pages 5783-5784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2734]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Trademark Processing
ACTION: Proposed collection; comment request.
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SUMMARY: The Department of Commerce (DoC), 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)), and 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, 15 U.S.C. 1051, et seq.
DATES: Written comments must be submitted on or before April 6, 1998.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5327, 14th and Constitution Avenue, NW, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Nancy L. Omelko, Administrator
for Petitions, at the Office of the Assistant Commissioner for
Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513, telephone
number (703) 308-8910 ext. 39 or by facsimile transmission to (703)
308-9395.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Patent and Trademark Office (Office) administers the Trademark
Act, 15 U.S.C. 1051 et seq, which provides for the Federal registration
of trademarks; as well as, service marks; collective trademarks and
service marks; collective membership marks; and certification marks.
Individuals and businesses who use their marks, or intend to use their
marks, in commerce regulable by Congress, may file an application with
the Office to register their mark. The mark will remain on the register
for ten years. However, the registration will be canceled unless the
owner files an affidavit with the Office attesting to the continued use
(or excusable non-use) of the mark in commerce. The registration may be
renewed for periods of ten years.
The Trademark Act mandates that each register entry contain the
mark; the goods and/or services that the mark is used in connection
with; identifying ownership information; dates of use; and certain
other information. The Office also provides similar information
concerning pending applications. The register and pending application
information may be accessed by an individual, or by businesses, to
determine availability of a mark. By accessing the Office's
information, potential trademark owners may reduce the possibility of
initiating use of a mark previously adopted by another. The Federal
Trademark Registration process serves to reduce the filing of papers in
court and between parties.
II. Method of Collection
By mail, facsimile, or electronic transmission. A pilot program is
currently in progress to study the use of electronic technology in
filing trademark/service mark applications. After evaluation of the
pilot, the Office will implement a full-scale program to accept
trademark/service mark registration applications filed electronically
by the public. At this stage, only the intent-to-use and use-based
trademark/service mark
[[Page 5784]]
registration applications are being accepted electronically. In time,
the electronic filing may be expanded to include other forms. The time
estimates shown for the electronic forms in this notice are based on
the average amount of time needed to complete and electronically file a
trademark/service mark application. The estimated number of annual
responses are a projection of how many electronic applications are
expected to be filed per year.
III. Data
OMB Number: 0651-0009.
Type of Review: Renewal with change.
Affected Public: Individuals or households, businesses or other
for-profit, not-for-profit institutions, farms, state, local or tribal
governments, and the Federal Government. The forms are used by
potential trademark owners and trademark practitioners. However, use of
the forms is not mandatory and many law firms and corporations develop
their own forms. The 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 Number of Respondents: 302,818.
Estimated Time Per Response: 10 to 45 minutes, depending on the
form.
Estimated Total Annual Respondent Burden Hours: 112,887 hours per
year.
Estimated Total Annual Respondent Cost Burden: $11,570,918 per
year.
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Estimated
time for Est. annual Est. annual
Title of form Form No(s). response burden hours responses
(minutes)
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*Intent-to-Use trademark/service
mark registration applications... 1478, 1478(a), 4.8&4.9 20 37,857 114,719
*Electronic Intent-to-Use
trademark/service mark
registration application......... TBD 18 18 60
*Use-Based trademark/service mark
registration applications........ 1478,1478(a),4.8&4.9 30 38,230 76,459
*Electronic Use-Based trademark/
service mark registration
application...................... TBD 27 27 60
Allegation of Use for Intent-To-
Use Application.................. 1553 20 8,652 26,218
Request for Extension of Time to
File a Statement of Use.......... 1581 10 8,141 47,887
Affidavits of Use/Combined
Declaration of Use and
Incontestability................. PTO-FB-TM205/TM209 30 10,391 20,781
Application for Renewal........... PTO-FB-TM201 30 3,360 6,720
Amendments/Corrections/Surrenders. No Forms Associated. 30 2,449 4,898
Opposition to the Registration of
a Mark........................... 4-17a 45 3,762 5,016
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Totals........................ ............................ .............. 112,887 302,818
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*The same application is used for both types of registration; however, different information is required.
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 the
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 will also become a matter of public record.
Dated: January 30, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and
Organization.
[FR Doc. 98-2734 Filed 2-3-98; 8:45 am]
BILLING CODE 3510-16-P
