Post Registration (Trademark Processing)

OMB Control No: 0651-0055	ICR Reference No: 200802-0651-001
Status: Historical Active	Previous ICR Reference No: 200508-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Registration (Trademark Processing)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/03/2008
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/07/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2011	36 Months From Approved	12/31/2008
Responses	133,587	0	129,787
Time Burden (Hours)	21,097	0	19,748
Cost Burden (Dollars)	38,432,079	0	38,178,000

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Abstract: This collection of information is required by 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 interstate commerce may file an application to register their marks with the USPTO. Such individuals and businesses may also submit various communications to the USPTO, including requests to correct or amend their registrations. The USPTO is proposing to add one form to this information collection, Section 7 Requests (PTO-1597).

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Authorizing Statute(s): US Code: 15 USC 1051 Name of Law: Trademark Act

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 61868	11/01/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 5817	01/31/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name Section 7 Request (TEAS) PTO-1597 Section 7 Request Section 7 Request (paper) Post Registration (Trademark Processing) PTO/TM/1583, PTO-1963, PTO-4.16, PTO/TM/4.16, PTO-1583 Declaration of Use of a Mark in Commerce Under Section 8 ,   Electronic Declaration of Use of a Mark in Commerce Under Section 8 ,   Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 ,   Declaration of Incontestability of a Mark Under Section 15 ,   Electronic Declaration of Incontestability of a Mark Under Section 15

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	133,587	129,787	0	3,800	0	0
Annual Time Burden (Hours)	21,097	19,748	0	1,349	0	0
Annual Cost Burden (Dollars)	38,432,079	38,178,000	0	254,079	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The increase in responses and burden hours is due to the addition of the Section 7 Request to this collection. The increase in annual cost burden is due to the fees and postage costs associated with submitting these requests to the USPTO.

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Annual Cost to Federal Government: $321,414

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Janis Long 571 272-9573

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 02/07/2008

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