[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14696-14698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05574]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Trademark and Trial Appeal Board (TTAB) Actions
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO) as
required by the Paperwork Reduction Act of 1995 invites public comments
about the proposed extension of an existing information collection:
Trademark and Trial Appeal Board (TTAB) Actions.
DATES: Written comments must be submitted on or before May 22, 2017.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0040 comment'' in the subject line of the message.
Federal Rulemaking Portal: http://www.regulations.gov.
Mail: Marcie Lovett, Records and Information Governance
Division Director, Office of the Chief Technology 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 LaToya Brown,
[[Page 14697]]
United States Patent and Trademark Office, P.O. Box 1450, Alexandria,
VA 22313-1450; by telephone at 571-272-4283; or by email to
[email protected] with ``0651-0040 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
This collection of information is required by the Trademark Act of
1946, Sections 13, 14, and 20, 15 U.S.C. 1063, 1064, and 1070,
respectively. Under the Trademark Act, any individual or entity that
adopts a trademark or service mark to identify its goods or services
may apply to federally register its mark. Section 14 of the Trademark
Act allows individuals and entities to file a petition to cancel a
registration of a mark, while Section 13 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 a mark. Section 20 of the Trademark
Act allows individuals and entities to file an appeal from any final
decision of the Trademark Examining Attorney assigned to review an
application for registration of a mark.
The USPTO administers the Trademark Act pursuant to 37 CFR part 2,
which contains the various rules that govern the filing of petitions to
cancel the registration of a mark, notices of opposition to the
registration of a mark, extensions of time to file an opposition,
appeals, 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 Electronic System for Trademark Trials and Appeals (ESTTA).
There are no paper forms associated with this collection. If applicants
or entities wish to submit the petitions, notices, extensions, and
additional papers in inter partes and ex parte cases, they must use the
forms provided through ESTTA. This collection contains nine electronic
forms.
The additional submissions filed in inter partes and ex parte
proceedings must be filed electronically. Submissions filed in paper
form are permitted only when ESTTA is unavailable due to technical
problems, or when extraordinary circumstances are present.
The information in this collection is a matter of public record,
and is 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.
II. Method of Collection
The method of collection is by electronic submission through ESTTA
when a party files a petition to cancel a trademark registration, an
opposition to the registration of a trademark, a request to extend the
time to file an opposition, a notice of appeal, or additional papers
for inter partes and ex parte proceedings with the USPTO. Submissions
filed in paper form via mail or hand delivery are permitted only when
ESTTA is unavailable due to technical problems, or when extraordinary
circumstances are present. Certain submissions in paper must also be
accompanied by a Petition to the Director. That petition is being added
to collection 0651-0054 (Substantive Submissions).
III. Data
OMB Number: 0651-0040.
IC Instruments and Forms: PTO 2120, 2151, 2153, 2188, 2189, and
2190.
Type of Review: Extension of a Previously Existing Information
Collection.
Affected Public: Businesses or other for-profits; not-for-profit
institutions.
Estimated Number of Respondents: 78,000 responses per year. Of this
total, the USPTO estimates that approximately 99% (77,220) will be
filed electronically.
Estimated Time per Response: The USPTO estimates that it will take
the public from 10 to 30 minutes (0.17 to 0.50 hours), depending on the
complexity of the situation, to gather the necessary information,
prepare the appropriate documents, and submit the information required
for this collection.
Estimated Total Annual Respondent Burden Hours: 15,991.67 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$4,405,704.17. The USPTO estimates that it will take a combined effort
by attorneys and paraprofessional/paralegals to complete the
requirements in this collection. The hourly rate for attorneys is $410,
while the hourly rate for paraprofessional/paralegals is $141. After
calculating the average of these rates, the USPTO estimates that the
hourly rate for completing the petitions, notices, requests, and other
papers will be $275.50. Using this hourly rate, the USPTO estimates
that the total respondent cost burden for this collection will be
$4,405,704.17 per year.
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Estimated time
Number Item for response Estimated annual Estimated annual Rate ($/hr)
(hours) responses burden hours
.................... (a) (b) (a) x (b)/60 =
(c)
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1............. Petition to Cancel.. 0.5 5 2.5 $275.50
1............. Electronic Petition 0.5 1,895 947.5 275.50
to Cancel.
2............. Notice of Opposition 0.5 5 2.5 275.50
2............. Electronic Notice of 0.5 6,195 3,097.5 275.50
Opposition.
3............. Request for 0.17 10 1.67 275.50
Extension of Time
to File an
Opposition.
3............. Electronic Request 0.17 18,900 3,150 275.50
for Extension of
Time to File an
Opposition.
4............. Papers in Inter 0.17 750 125 275.50
Partes Cases.
Answers.
Amendments to
Pleadings.
Amendment of
Application or
Registration
During
Proceeding.
Motions
(such as consent
motions, motions
to extend,
motions to
suspend, etc.).
Evidence
Briefs..
Surrender of
Registration.
Abandonment of
Application.
[[Page 14698]]
Documents
Related to
Concurrent Use
Applications.
Notice
of Intent to
Appeal a TTAB
decision.
4............. Electronic 0.17 40,740 6,790 275.50
Submissions in
Inter Partes Cases.
Answers.
Amendments to
Pleadings.
Amendment of
Application or
Registration
During
Proceeding.
Motions
(such as consent
motions, motions
to extend,
motions to
suspend, etc.).
Evidence
Briefs..
Surrender of
Registration.
Abandonment of
Application.
Documents
Related to
Concurrent Use
Applications.
Notice
of Intent to
Appeal a TTAB
decision.
5............. Notice of Appeal.... 0.25 5 1.25 275.50
5............. Electronic Notice of 0.25 3,495 873.75 275.50
Appeal.
6............. Miscellaneous Ex 0.17 5 0.83 275.50
Parte Papers.
6............. Electronic 0.17 5,995 999.17 275.50
Miscellaneous Ex
Parte Submissions.
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Total..... .................... ................. 78,000 15,991.67
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Estimated Total Annual (Non-hour) Respondent Cost Burden:
$5,744,000.00. There are no capital start-up, maintenance, or record
keeping costs associated with this information collection. However,
some filings in this collection have filing fees. The petitions to
cancel, the notices of opposition, the notices of appeal, the
extensions of time to file an opposition, and the additional papers
filed in inter partes and ex parte cases must be submitted to the USPTO
electronically or served on other parties by email. Express or first-
class mail through the United States Postal Service or hand delivery to
the TTAB is only available under extraordinary circumstances. There are
also filing fees associated with this collection. This includes new
fees as well as fees being returned from collection 0651-0072, which
has been discontinued. These fees are listed in the accompanying table
below.
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Estimated Total non-hour
Number Item annual Filing fee ($) cost burden
responses ($)
............................... (a) (b) (a) x (b) =
(c)
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1.............................. Petition to Cancel............. 5 $500.00 $2,500.00
1.............................. Electronic Petition to Cancel.. 1,895 400.00 758,000.00
2.............................. Notice of Opposition........... 5 500.00 2,500.00
2.............................. Electronic Notice of Opposition 6,195 400.00 2,478,000.00
3.............................. Ex Parte Appeal to the 5 300.00 1,500.00
Trademark Trial and Appeal
Board Filed on Paper.
3.............................. Electronic Ex Parte Appeal to 3,495 200.00 699,000.00
the Trademark Trial and Appeal
Board.
4.............................. Request for Extension of Time 5 200.00 1,000.00
to File an Opposition under
Sec. 2.102(c)(3).
4.............................. Electronic Request for 9,600 100.00 960,000.00
Extension of Time to File an
Opposition under Sec.
2.102(c)(3).
5.............................. Request for Extension of Time 5 300.00 1,500.00
to File an Opposition under
Sec. 2.102(c)(1)(ii) or
(c)(2).
5.............................. Electronic Request for 4,200 200.00 840,000.00
Extension of Time to File an
Opposition Sec.
2.102(c)(1)(ii) or (c)(2).
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Total...................... ............................... 25,410 .............. 5,744,000.00
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Therefore, the USPTO estimates that the total annual (non-hour)
cost burden for this collection, in the form of filing fees, is
$5,744,000.00 per year.
IV. Request for Comments
Comments are invited on:
(a) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information shall have practical utility;
(b) the accuracy of the agency's estimate of the burden (including
hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and
(d) ways to minimize the burden of the collection of information on
respondents, e.g., the use of automated collection techniques or other
forms of information technology. Comments submitted in response to this
notice will be summarized or included in the request for OMB approval
of this information collection; they also will become a matter of
public record.
Dated: March 10, 2017.
Marcie Lovett,
Records and Information Governance Division Director, OCTO United
States Patent and Trademark Office.
[FR Doc. 2017-05574 Filed 3-21-17; 8:45 am]
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