Applications for Trademark Registration

OMB Control No: 0651-0009	ICR Reference No: 200806-0651-004
Status: Historical Active	Previous ICR Reference No: 200507-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Applications for Trademark Registration
Type of Information Collection: Extension without change 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: 06/18/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2011	36 Months From Approved	12/31/2008
Responses	291,859	0	253,801
Time Burden (Hours)	84,821	0	74,593
Cost Burden (Dollars)	91,050,433	0	82,377,000

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Abstract: The United States Patent and Trademark Office (USPTO) administers 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 who use their marks, or intend to use their marks in commerce, may file an application with the USPTO to register their marks. The implementing rules are set forth in 37 CFR Part 2. Trademarks can be registered on either the Principal or Supplemental Registers. Individuals or businesses may file their applications in paper or electronically through the Trademark Electronic Application System (TEAS). 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.

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Authorizing Statute(s): US Code: 35 USC 41 Name of Law: null    US Code: 15 USC 1126 (d) and (e) Name of Law: null    US Code: 15 USC 1051 through 1054 Name of Law: null    US Code: 15 USC 1061 and 1062 Name of Law: null    US Code: 15 USC 1091 Name of Law: null    US Code: 15 USC 1094 Name of Law: null    US Code: 15 USC 1095 Name of Law: null    US Code: 15 USC 1126 Name of Law: null

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:
	73 FR 13211	03/12/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 33065	06/11/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title Form No. Form Name TEAS Application for Registration of Trademark/Service Mark under 44(d) (e) (Collective, Collective Membership, Certification Mark) PTO Form 1478, PTO Form 4.9, PTO Form 4.8, PTO Form 1478(a) Trademark/Service Mark Application, Principal Register (44(d) & (e) ,   Collective Trademark/Servicemark Form, Principal Register (44(d) & (e) ,   Collective Membership Mark Form, Principal Register ,   Certification Mark Form, Principal Register TEAS Plus Application for Registration of Trademark/Service Mark under 44(d) and (e) PTO Form 1478 Trademark/Service Mark Application, Principal Register (TEAS Plus Application) TEAS Use-Based Trademark/Service Mark Application (Collective, Collective Membership, Certification) PTO Form 1478(a), PTO Form 4.9, PTO Form 1478, PTO Form 4.8, 1478 Trademark/Servicemark Form, Supplemental Register ,   Trademark/Service Mark Application, Principal Register ,   Certification Mark Form, Principal Register ,   Collective Trademark/Servicemark Form, Principal Register ,   Collective Membership Mark Form, Principal Register TEAS Intent to Use Trademark/Service Mark Application (Collective, Collective Membership, Certification Mark) PTO Form 4.8, PTO Form 1478, PTO Form 1478(a), PTO Form 4.9 Trademark/Service Mark Application, Principal Register ,   Collective Trademark/Servicemark Form, Principal Register ,   Collective Membership Mark Form, Principal Register ,   Certification Mark Form, Principal Register TEAS Plus Intent to Use Trademark/Service Mark Application PTO Form 1478 Trademark/Service Mark Application, Principal Register TEAS Plus Application Application for Registration of Trademark/Service Mark under 44(d) and (e) (Collective, Collective Membership, Certification Mark) PTO Form 1478(a), PTO Form 4.9, PTO Form 4.8, PTO Form 1478 Trademark/Service Mark Application (15 U.S.C. 1051, 1126 (d) & (e) under 44 (d) & (e) ,   Certification Mark Application (15 U.S.C 1051, 1126 (d) & (e) under 44 (d) & (e) ,   Collective Membership Mark Application (1051, 1126 (d) & (e) under 44 (d) & (e) ,   Collective Trademark/Service Mark Application (15 U.S.C. 1051, 1126 (d) & (e) under 44 (d) & (e) TEAS Plus Use-Based Trademark/Service Mark Application PTO Form 1478 Trademark/Service Mark Application, Principal Register TEAS Plus Application Use-Based Trademark/Service Mark Application (Collective, Collective Membership, Certification Mark) PTO Form 1478, PTO Form 1478(a), PTO Form 4.8, PTO Form 4.9 Use-Based Collective Membership Mark Application (15 U.S.C. 1051, 1126(d) & (e) ,   Use-Based Certification Mark Application (15 U.S.C. 1051, 1126(d) & (e) ,   Use-Based Trademark/Service Mark Application (15 U.S.C. 1051, 1126(d) &(e) ,   Use-Based Collective Trademark/Service Mark Application (15 U.S.C. 1051, 1126 (d) & (e) Intent to Use Trademark/Service Mark Application (Collective, Collective Membership, Certification Mark) PTO Form 4.8, PTO Form 4.9, PTO Form 1478(a), PTO Form 1478 Intent to Use Collective Membership Mark Application (15 U.S.C 1051, 1126 (d) & (e) ,   Intent to Use Certification Mark Application (15 U.S.C. 1051, 1126 (d) & (e) ,   Intent to Use Trademark/Service Mark Application (15 U.S.C. 1051, 1126(d) & (e) ,   Intent to Use Collective Trademark/Service Mark Application (15 U.S.C. 1051, 1126(d) & (e)

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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	291,859	253,801	0	0	38,058	0
Annual Time Burden (Hours)	84,821	74,593	0	0	10,228	0
Annual Cost Burden (Dollars)	91,050,433	82,377,000	0	0	8,673,433	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: The USPTO believes that the total burden hours for this collection will increase because more trademark applications will be submitted. The USPTO believes that this will also increase the total annual (non-hour) costs for the collection. Because more individuals are filing electronically, the USPTO believes that there will be a reduction in the postage costs. The USPTO also expects a decrease in the processing fee costs. However, these reductions are offset by the increases in the total number of submissions.

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Annual Cost to Federal Government: $608,533

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: 06/18/2008

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