Madrid Protocol

OMB Control No: 0651-0051	ICR Reference No: 201701-0651-003
Status: Historical Active	Previous ICR Reference No: 201608-0651-005
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Madrid Protocol
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: 03/13/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/20/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2020	12/31/2018	12/31/2018
Responses	46,363	0	46,363
Time Burden (Hours)	5,190	0	5,190
Cost Burden (Dollars)	13,813,980	0	13,813,980

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Abstract: The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (“Madrid Protocol”) is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application. The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, administers the international registration system. The Madrid Protocol Implementation Act of 2002 amended the Trademark Act to provide that: (1) the owner of a U.S. application or registration may seek protection of its mark in any of the participating countries by submitting a single international application to the IB through the USPTO and (2) the holder of an international registration may request an extension of protection of the international registration to the United States. The Madrid Protocol became effective in the United States on November 2, 2003, and is implemented under 15 U.S.C. § 1141 et seq. and 37 CFR Part 2 and Part 7. The public uses this collection to submit applications for international registration and related requests to the USPTO under the Madrid Protocol. 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 international trademark rights. The information is available at USPTO facilities and is also accessible through the USPTO Web site.

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Authorizing Statute(s): US Code: 15 USC 1065 Name of Law: null    US Code: 15 USC 1141a, b, d, j(c), k, l, n 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:
0651-AD07	Final or interim final rulemaking	82 FR 6259	01/19/2017

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 52455	08/30/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 72421	11/19/2015
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 21

IC Title Form No. Form Name Petition to Director to Review Denial of Certification of International Application (TEAS) Application for International Registration (TEAS) PTO-2131 Application for International Registration Application for Subsequent Designation (TEAS) PTO-2132 Application for Subsequent Designation Response to Notice of Irregularity (TEAS) PTO-2133 Response to Notice of Irregularity Replacement Request (TEAS) Application Filed at WIPO MM2 Application for International Registration Governed Exclusively by the Madrid Protocol Affidavit Under §71 of the Act During the Grace Period (electronic) Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper) Application for International Registration (paper) Application for Subsequent Designation (paper) Response to Notice of Irregularity (paper) Replacement Request (paper) Transformation Request (paper) Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (paper) Petition to Director to Review Denial of Certification of International Application (paper) Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (TEAS) PTO-1663 Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (TEAS) PTO-1683 Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (paper) Subsequent Designation at WIPO MM4 Designation Subsequent to the International Registration Affidavit Under §71 of the Act During the Grace Period (paper) Transformation Request (TEAS)

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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	46,363	46,363	0	0	0	0
Annual Time Burden (Hours)	5,190	5,190	0	0	0	0
Annual Cost Burden (Dollars)	13,813,980	13,813,980	0	0	0	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 request is to update the fees attached to this collection that are affected by the rulemaking NPRM 0651-AD08. Respondent numbers are also changing due to agency discretion in conjunction with the rule.

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Annual Cost to Federal Government: $205,689

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Marcie Lovett 571 272-8123 [email protected]

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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: 01/20/2017

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