[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 4007-4009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00933]
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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; Fastener
Quality Act Insignia Recordal Process
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of 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:
0651-0028 (Fastener Quality Act Insignia Recordal). 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 March 16, 2021.
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-
0028 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, 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 to [email protected] with ``0651-0028 comment'' in
the subject line. Additional information about this information
collection is also available at http://www.reginfor.gov under
``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
Under Section 5 of the Fastener Quality Act (FQA) of 1999, (15
U.S.C. 5401 et seq.), certain industrial fasteners must bear an
insignia identifying the manufacturer. It is also mandatory for
manufacturers of fasteners covered by the FQA to submit an application
to the USPTO for recordal of the insignia on the Fastener Insignia
Register. The purpose of requiring both the insignia and the
recordation is to ensure that certain fasteners can be traced to their
manufacturers and to protect against the sale of mismarked,
misrepresented, or counterfeit fasteners. The procedures for the
recordal of fastener insignia under the FQA are set forth in 15 CFR
280.300 et seq.
This information collection covers data gathered in Applications
for Recordal of Insignia and Applications for Renewal/Reactivation of
Recordal Under the Fastener Quality Act. Insignias recorded with the
USPTO may be sourced from an existing trademark registered at USPTO,
from a trademark that is proposed in an application to obtain a
registration currently before the USPTO, or from a unique alphanumeric
designation issued upon request from the USPTO. After a manufacturer
submits a complete application for recordal, the USPTO issues a
Certificate of Recordal. These certificates remain
[[Page 4008]]
active for 5 years. Applications to renew the certificates must be
filed within 6 months of the expiration date or, upon payment of an
additional surcharge, within 6 months following the expiration date.
If a recorded alphanumeric designation is assigned by the
manufacturer to a new owner, the designation becomes ``inactive'' and
the new owner must submit an application to reactivate the designation
within 6 months of the date of assignment. If the recordal is based on
a trademark application or registration and the registration is
assigned to a new owner, the recordal becomes ``inactive'' and cannot
be reassigned. Instead, the new owner of the trademark application or
registration must apply for a new recordal. Manufacturers who record
insignia must notify the USPTO of any changes of address.
III. Method of Collection
The items in this information collection can be submitted by email,
mail, facsimile, or hand delivery to the USPTO.
III. Data
OMB Number: 0651-0028.
Form Numbers:
PTO-1611 (Application for Recordal of Insignia or Renewal/
Reactivation of Recordal Under the Fastener Quality Act)
Type of Review: Revision of a currently approved information
collection.
Affected Public: Private sector.
Estimated Number of Respondents: 96 respondents per year.
Estimated Number of Responses: 96 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 30 minutes (0.5 hours) to gather the necessary
information, prepare the form, and submit the request for recordal or
renewal of a fastener insignia to the USPTO.
Estimated Total Annual Respondent Burden Hours: 48 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden: $19,200.
Table 1--Total Hourly Burden for Private Sector Respondents
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Estimated
Estimated annual Estimated time Estimated annual Rate \1\ ($/ Estimated annual
Item No. Item annual responses for response burden (hour/ hour) burden
respondents (year) (hour) year)
(a) (b) (a) x (b) = (c) (d) (c) x (d) = (e)
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1.................... Applications for Recordal of 96 96 0.5 48 $400 $19,200
Insignia or Renewal/
Reactivation of Recordal
Under the Fastener Quality
Act.
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Totals..................... 96 96 .............. 48 ........... 19,200
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Estimated Total Annual Non-hour Respondent Cost Burden: $2,136.
There are no capital start-up, recordkeeping, or maintenance costs
associated with this information collection. However, this information
collection does have annual (non-hour) costs in the form of filing fees
($2,120) and postage costs ($16) for an estimated total of $2,136 per
year.
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\1\ 2019 Report of the Economic Survey, published by the
Committee on Economics of Legal Practice of the American
Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms
which is $400 per hour.
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Customers may incur postage costs when submitting an application
for recordal to the USPTO by mail. The USPTO expects that 2 items will
be submitted by mail. As the average cost for a first-class Priority
Express, legal envelope is $8.05, USPTO estimates that the postage
costs for this information collection will total $16.
There are two filing fees associated with this information
collection on shown in the table below.
Table 2--Total Non-Hour Respondent Cost Burden
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Estimated Total non-hour
Item No. Item annual Cost amount respondent cost
responses burden
(a) (b) (a) x (b) = (c)
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1a....................... Filing an application for recordal 96 $20.00 $1,920
of insignia or renewal/
reactivation of recordal.
1b....................... Surcharge for filing 6 months 10 20.00 200
after the expiration date--Filing
an application for recordal of
insignia or renewal/reactivation
of recordal.
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Totals......................... .............. .............. 2,120
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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
[[Page 4009]]
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. 2021-00933 Filed 1-14-21; 8:45 am]
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