[Federal Register Volume 63, Number 109 (Monday, June 8, 1998)]
[Notices]
[Pages 31199-31200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15126]
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DEPARTMENT OF COMMERCE
Submission for OMB Review; Comment Request
The Department of Commerce (DOC) has submitted to the Office of
Management and Budget (OMB) for clearance the following proposal for
collection of information under the provisions of the Paperwork
Reduction Act (44 U.S.C. Chapter 35).
Agency: Patent and Trademark Office (PTO).
Title: Trademark Processing.
Agency Form Numbers: PTO Forms 1478, 1478(a), 4.8, 4.9, 1553, 1581,
205/209, 4.13a, and 4-17a (existing paper forms and electronic forms).
OMB Approval Number: 0651-0009.
Type of Request: Revision of a currently approved collection.
Burden: 110,427 hours.
Number of Respondents: 343,698.
Avg. Hours Per Response: The time to respond ranges from 10 to 45
minutes. The existing paper forms take from 15 to 45 minutes, while the
electronic forms take from 12 to 18 minutes.
Needs and Uses: This collection of information is required by the
Trademark Act, 15 U.S.C. 1051, et. seq., which provides for the Federal
registration of trademarks, service marks, collective trademarks and
service marks, collective membership marks, and certification marks.
Any individual or business owning a valid trademark or service mark,
who use or intend to use their marks in commerce regulable by the U.S.
Congress, may apply to by federally register its mark. The mark will
remain on the register for ten years; however, the registration can be
canceled by the Patent and Trademark Office (PTO) if the owner does not
file an affidavit attesting to the continued use (or excusable non-use)
of the mark in commerce between the fifth and sixth years following the
issuance of the registration. The registration may be renewed for
periods of ten years.
The PTO administers the Trademark Act pursuant to 37 CFR part 2,
which contains the rules that implement the Trademark Act. These rules
mandate 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
[[Page 31200]]
information. The PTO also requires that similar information be provided
in applications for registration. The register and pending application
information may be accessed by the public to determine availability of
a mark. By accessing the PTO's information, potential trademark owners
may reduce the possibility of initiating use of a mark previously
adopted by another.
Registration is not required to obtain rights in a mark; however,
registration provides certain benefits, such as access to the Federal
court system and nationwide constructive notice of the Registrant's
rights. Entities who elect to seek registration are not required to use
the forms in this collection. The forms are provided as a convenience
to the public, and serve as guidance on what information is legally
mandated, should an individual or business seek registration.
The PTO uses this information to determine the eligibility of each
mark for registration and to maintain a public search library where
copies of the registration certificates for marks can be searched. The
PTO also provides the information to the Patent and Trademark
Depository Libraries (PTDLs) that also maintain the information for use
by the public.
The information is a matter of public record, and is used by the
public for a variety of private business purposes related to
establishing and reinforcing 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.
Affected Public: Businesses or other for-profit, individuals or
households, not-for-profit institutions, farms, federal government, and
state, local, or tribal governments.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain a benefit.
OMB Desk Officer: Maya A. Bernstein, (202) 395-3785.
Copies of the above information collection proposal can be obtained
by calling or writing Linda Engelmeier, DOC Forms Clearance Officer,
(202) 482-3272, Department of Commerce, Room 5327, 14th and
Constitution Avenue, NW, Washington, DC 20230.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication to Maya A.
Bernstein, OMB Desk Officer, Room 10236, New Executive Office Building,
725 17th Street, N.W., Washington, D.C. 20503.
Dated: June 2, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and
Organization.
[FR Doc. 98-15126 Filed 6-5-98; 8:45 am]
BILLING CODE 3510-16-P
