[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Notices]
[Pages 60973-60974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21555]
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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; Trademark Submissions Regarding Correspondence and Regarding
Attorney Representation
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of an information collection; request for comment.
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SUMMARY: The United States Patent and Trademark Office (USPTO), in
accordance with the Paperwork Reduction Act of 1995, invites comments
on the extension and revision of an existing information collection:
0651-0056 (Trademark Submissions Regarding Correspondence and Regarding
Attorney Representation). 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 November 30, 2020.
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.
Email: [email protected]. Include ``0651-
0056 comment'' in the subject line of the message.
Federal Rulemaking Portal: http://www.regulations.gov.
Mail: Kimberly Hardy, 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, United States
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450;
by telephone at 571-272-8946; or by email to [email protected]
with ``0651-0056 comment'' in the subject line. Additional information
about this collection is also available at http://www.reginfo.gov under
``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) administers
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. Individuals and businesses that use or intend to
use such marks in commerce may file an application to register their
marks with the USPTO.
Such individuals and business may also submit various
communications to the USPTO regarding their pending applications or
registered trademarks, including providing additional information
needed to process a pending application, filing amendments to the
applications, or filing the papers necessary to keep a trademark in
force. In the majority of circumstances, individuals and business
retain attorneys to handle these matters. As such, these parties may
also submit communications to the USPTO regarding the appointment of
attorneys to represent applicants or registrants in the application and
post-registration processes or, in the case of applicants or
registrants who are not domiciled in the United States, the appointment
of domestic representatives on whom may be served notices of process in
proceedings affecting the mark, the revocation of an attorney's or
domestic representative's appointment, and requests for permission to
withdraw from representation.
The regulations implementing the Act are set forth in 37 CFR part
2. Regulations regarding representation of others before the USPTO are
also set forth in 37 CFR part 11. In addition to governing the
registration of trademarks, the Act and regulations govern the
appointment and revocation of attorneys and domestic representatives
and provide the specifics for filing requests for permission to
withdraw as the attorney of record. The information in this information
collection is available to the public.
II. Method of Collection
Items in this information collection must be submitted via online
electronic submissions. In limited circumstances, applicants may be
permitted to submit the information in paper form by mail, fax, or hand
delivery.
III. Data
OMB Control Number: 0651-0056.
Forms:
PTO Form 2300: (TEAS Change Address or Representation Form)
PTO Form 2201: (TEAS Request for Withdrawal as Attorney of
Record/Update of USPTO's Database After Power of Attorney Ends)
Type of Review: Revision of a currently approved information
collection.
Affected Public: Businesses or other for-profits, not-for-profit
institutions; individuals or households.
Estimated Number of Respondents: 204,323 respondents per year.
Estimated Number of Responses: 204,323 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public between 12 minutes (0.2 hours)
[[Page 60974]]
and 1 hour to complete a response, depending upon the complexity of the
situation. This includes the time to gather the necessary information,
prepare the appropriate documents, and submit the completed request to
the USPTO.
Estimated Time Annual Burden Hours: 50,437 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$20,174,800.
Table 1--Total Estimated Hourly Burden for Private Sector Respondents
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Estimated
Estimated Estimated time for Estimated Rate \1\ ($/ Estimated
Item No. Item annual annual response annual burden hour) annual cost
respondents responses (hours) hours burden
(a)...................... (b) (a) x (b) = (d) (c) x (d) =
(c) (e)
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1............................ Revocation, Appointment, 162,368 162,368 0.25 40,592 $400 $16,236,800
and/or Change of Address
of Attorney/Domestic
Representative.
2............................ Request for Withdrawal as 12,389 12,389 0.20 2,478 400 991,200
Attorney of Record/
Update of USPTO's
Database After Power of
Attorney Ends.
3............................ Replacement of Attorney 88 88 1 88 400 35,200
of Record with Another
Already-Appointed
Attorney.
4............................ Request to Withdraw as 873 873 0.25 218 400 87,200
Domestic Representative.
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Total.................... ......................... 175,718 175,718 .............. 43,376 .............. 17,350,400
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\1\ 2019 Report of the Economic Survey from the Law Practice Management Committee of the American Intellectual Property Law Association (AIPLA). https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey The hourly rate of $400.
Table 2--Total Estimated Hourly Burden for Individual and Household Respondents
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Estimated
Estimated Estimated time for Estimated Rate \2\ ($/ Estimated
Item No. Item annual annual response annual burden hour) annual cost
respondents responses (hours) hours burden
(a)...................... (b) (a) x (b) = (d) (c) x (d) =
(c) (e)
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1............................ Revocation, Appointment, 26,432 26,432 0.25 6,608 $400 $2,643,200
and/or Change of Address
of Attorney/Domestic
Representative.
2............................ Request for Withdrawal as 2,017 2,017 0.20 403 400 161,200
Attorney of Record/
Update of USPTO's
Database After Power of
Attorney Ends.
3............................ Replacement of Attorney 14 14 1 14 400 5,600
of Record with Another
Already-Appointed
Attorney.
4............................ Request to Withdraw as 142 142 0.25 36 400 14,400
Domestic Representative.
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Total.................... ......................... 28,605 28,605 .............. 7,061 .............. 2,824,400
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\2\ 2019 Report of the Economic Survey from the Law Practice Management Committee of the American Intellectual Property Law Association (AIPLA). https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey The hourly rate of $400.
Estimated Total Annual Non-Hour Respondent Cost Burden: $1,369.
There are no filing fees or capital start-up, maintenance,
operation, or recordkeeping costs associated with this information
collection. However, this information collection does have postage
costs associated with applicants submitting permitted items by mail.
The USPTO estimates that the average first-class postage cost for a
mailed submission will be $8.05. The USPTO estimates that 170 permitted
paper submissions will be mailed for a total non-hour respondent cost
burden of $1,369.
Respondent's Obligation: Required to obtain or retain benefits.
IV. Request for Comments
The USPTO is soliciting public comments to:
(a) Evaluate whether the proposed 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 proposed 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 personal identifying
information in a comment, be aware that the entire comment--including
personal identifying information--may be made publicly available at any
time. While you may ask in your comment to withhold personal
identifying information from public view, USPTO cannot guarantee that
it will be able to do so.
Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2020-21555 Filed 9-28-20; 8:45 am]
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