[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Page 59510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18545]
[[Page 59510]]
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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 Trial and Appeal Board (TTAB) Actions
The United States Patent and Trademark Office (USPTO) will submit
the following information collection request to the Office of
Management and Budget (OMB) for review and clearance in accordance with
the Paperwork Reduction Act of 1995, on or after the date of
publication of this notice. The USPTO invites comments on this
information collection renewal, which helps the USPTO assess the impact
of its information collection requirements and minimize the public's
reporting burden. Public comments were previously requested via the
Federal Register on June 5, 2023, during a 60-day comment period. This
notice allows for an additional 30 days for public comment.
Agency: United States Patent and Trademark Office, Department of
Commerce.
Title: Trademark Trial and Appeal Board (TTAB) Actions.
OMB Control Number: 0651-0040.
Needs and Uses: The USPTO administers the Trademark Act of 1946, 15
U.S.C. 1051 et seq., as amended, which provides for the Federal
registration of trademarks, service marks, collective 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.
Section 13 of the Trademark Act, 15 U.S.C. 1063, allows individuals
and entities who believe that they would be damaged by the registration
of a mark to file an opposition, or an extension of time to file an
opposition, to the registration of the mark. Section 14 of the
Trademark Act, 15 U.S.C. 1064, allows individuals and entities to file
a petition to cancel a registration of a mark. Section 20 of the
Trademark Act, 15 U.S.C. 1070, allows individuals and entities to
appeal any final decision of the examiner in charge of the registration
of marks or a final decision by an examiner in an ex parte expungement
proceeding or ex parte reexamination proceeding.
The USPTO administers certain provisions of the Trademark Act of
1946 through the regulations at 37 CFR part 2, which contains the
various rules that govern the filings identified above and other
submissions filed in connection with inter partes and ex parte
proceedings. These petitions, notices, extensions, and additional
papers are filed with the Trademark Trial and Appeal Board (TTAB), an
administrative tribunal empowered to determine the right to register
and subsequently determine the validity of a trademark. The information
in this collection must be submitted electronically through the TTAB's
electronic filing system. If applicants or entities wish to submit the
petitions, notices, extensions, and additional papers in inter partes
and ex parte cases, they may use the forms provided through the TTAB's
electronic filing system.
This information collection includes the items needed for
individuals or entities to file inter partes and ex parte proceedings
regarding federal registration of their trademarks or service marks.
Information is collected in view of the provisions of the Trademark Act
of 1946. The responses in this information collection are a matter of
public record, and are 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, as both common law
trademark owners and federal trademark registrants must actively
protect their own rights.
Form Number(s):
PTO 2120 (Notice of Opposition)
PTO 2151 (Papers in Inter Partes Cases)
PTO 2153 (Request for Extension of Time to File an Opposition)
PTO 2188 (Petition for Cancellation)
PTO 2189 (Ex Parte Appeal General Filing)
PTO 2190 (Notice of Appeal)
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency: On occasion.
Estimated Number of Annual Respondents: 41,300 respondents.
Estimated Number of Annual Responses: 76,650 responses.
Estimated Time per Response: The USPTO estimates that it will take
the public from 10 minutes (0.17 hours) to 21 hours to complete,
depending on the complexity of the situation and item, to gather the
necessary information, prepare the appropriate documents, and submit
them to the USPTO.
Estimated Total Annual Respondent Burden Hours: 1,038,747 hours.
Estimated Total Annual Respondent Non-Hourly Cost Burden:
$9,080,047.
This information collection request may be viewed at
www.reginfo.gov. Follow the instructions to view Department of
Commerce, USPTO information collections currently under review by OMB.
Written comments and recommendations for this information
collection should be submitted within 30 days of the publication of
this notice on the following website, www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function and entering either the title of the information
collection of the OMB Control Number, 0651-0040.
Further information can be obtained by:
Email: [email protected]. Include ``0651-
0040 information request'' in the subject line of the message.
Mail: Justin Isaac, Office of the Chief Administrative
Officer, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2023-18545 Filed 8-28-23; 8:45 am]
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