[Federal Register Volume 78, Number 191 (Wednesday, October 2, 2013)]
[Notices]
[Pages 60861-60862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24054]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Native American Tribal Insignia Database
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to comment on
this continuing information collection, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before December 2,
2013.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0048 comment'' in the subject line of the message.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Catherine Cain, Attorney Advisor, Office of
Trademark Legal Policy, Office of the Commissioner for Trademarks,
United States Patent and Trademark Office, P.O. Box 1451, Alexandria,
VA 22313-1451; by telephone at 571-272-8946; or by email to
[email protected]. Additional information about this collection
is also available at http://www.reginfo.gov under ``Information
Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-
330, Sec. 302, 112 Stat. 3071) required the United States Patent and
Trademark Office (USPTO) to study issues surrounding the protection of
the official insignia of federally and state-recognized Native American
tribes under trademark law. The USPTO conducted the study and presented
a report to the House and Senate Judiciary Committees on November 30,
1999. One of the recommendations made in the report was that the USPTO
create and maintain an accurate and comprehensive database containing
the official insignia of all federally and state-recognized Native
American tribes. In accordance with this recommendation, the Senate
Committee on Appropriations directed the USPTO to create this database.
The USPTO database of official tribal insignias provides evidence
of what a federally or state-recognized Native American tribe considers
to be its official insignia. The database thereby
[[Page 60862]]
assists trademark examining attorneys in their examination of
applications for trademark registration by serving as a reference for
determining the registrability of a mark that may falsely suggest a
connection to the official insignia of a Native American tribe. The
database is also available to the public on the USPTO Web site at
http://www.uspto.gov.
Tribes are not required to request that their official insignia be
included in the database. The entry of an official insignia into the
database does not confer any rights to the tribe that submitted the
insignia, and entry is not the legal equivalent of registering the
insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of
an official tribal insignia in the database does not create any legal
presumption of validity or priority, does not carry any of the benefits
of federal trademark registration, and is not a determination as to
whether a particular insignia would be refused registration as a
trademark pursuant to 15 U.S.C. 1051 et seq.
Requests from federally recognized tribes to enter an official
insignia into the database must be submitted in writing and include:
(1) A depiction of the insignia, including the name of the tribe and
the address for correspondence; (2) a copy of the tribal resolution
adopting the insignia in question as the official insignia of the
tribe; and (3) a statement, signed by an official with authority to
bind the tribe, confirming that the insignia included with the request
is identical to the official insignia adopted by the tribal resolution.
Requests from state-recognized tribes must also be in writing and
include each of the three items described above that are submitted by
federally recognized tribes. Additionally, requests from state-
recognized tribes must include either: (a) A document issued by a state
official that evidences the state's determination that the entity is a
Native American tribe; or (b) a citation to a state statute designating
the entity as a Native American tribe.
The USPTO enters insignia that have been properly submitted by
federally or state-recognized Native American tribes into the database
and does not investigate whether the insignia is actually the official
insignia of the tribe making the request.
This collection includes the information needed by the USPTO to
enter an official insignia for a federally or state-recognized Native
American tribe into a database of such insignia. No forms are
associated with this collection.
II. Method of Collection
By mail, facsimile, or hand delivery to the USPTO.
III. Data
OMB Number: 0651-0048.
Form Number(s): None.
Type of Review: Extension of a currently approved collection.
Affected Public: Tribal governments.
Estimated Number of Respondents: 3 responses per year.
Estimated Time per Response: The USPTO estimates that a federally
or state-recognized Native American tribe will require an average of 45
minutes (0.75 hours) to complete a request to record an official
insignia, including time to prepare the appropriate documents and
submit the completed request to the USPTO.
Estimated Total Annual Respondent Burden Hours: 3 hours.
Estimated Total Annual Respondent Cost Burden: $228. The USPTO
expects that the information in this collection will be prepared by
both paraprofessionals and administrative staff. The estimated rate of
$76 per hour used in this submission is an average of the
paraprofessional rate of $122 per hour and the administrative rate of
$30 per hour. Therefore, the USPTO estimates that the respondent cost
burden for this collection will be approximately $228 per year.
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Estimated time Estimated Estimated
Item for response annual annual burden
(minutes) responses hours
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Request to Record an Official Insignia of a Federally Recognized 45 2 2
Tribe..........................................................
Request to Record an Official Insignia of a State-Recognized 45 1 1
Tribe..........................................................
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Totals...................................................... .............. 3 3
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Estimated Total Annual Non-Hour Respondent Cost Burden: $3. There
are no capital start-up, maintenance, or recordkeeping costs associated
with this information collection. There are also no filing fees for
submitting a tribal insignia for recording. However, this collection
does have annual (non-hour) cost burden in the form of postage costs.
Customers may incur postage costs when submitting the information
in this collection to the USPTO by mail. The USPTO estimates that the
average first-class postage cost for a submission mailed through the
U.S. Postal Service will be $1.12 (based on a large 9'' by 12''
envelope weighing 2 ounces) and that up to 3 submissions will be mailed
to the USPTO per year. Therefore, the total annual (non-hour)
respondent cost burden for this collection is estimated to be
approximately $3 per year.
IV. Request for Comments
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval. All comments will
become a matter of public record.
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.
Dated: September 27, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-24054 Filed 10-1-13; 8:45 am]
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