Applications for Trademark Registration

OMB Control No: 0651-0009	ICR Reference No: 202002-0651-002
Status: Received in OIRA	Previous ICR Reference No: 201912-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Applications for Trademark Registration
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/26/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2021
Responses	506,837	437,599
Time Burden (Hours)	377,830	213,496
Cost Burden (Dollars)	152,994,532	110,829,100

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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 regulated by Congress may file an application with the USPTO to register their marks. Registered marks remain on the register indefinitely, so long as the owner of the registration files the necessary maintenance documents. This information collection addresses submissions required by the regulations at 37 CFR part 2 for initial applications regarding the registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks. These regulations also mandate that each registered mark appear in the principle register or supplemental register, and that each entry include the mark, the goods and/or services in connection with which the mark is used, ownership information, dates of use, and certain other information. The USPTO also provides similar information concerning pending applications. The register and pending application information may be accessed by an individual or by businesses to determine the availability of a mark. By accessing the USPTO's information, parties may reduce the possibility of initiating use of a mark previously adopted by another. The Federal trademark registration process may thereby reduce the number of filings between both litigating parties and the courts.

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Authorizing Statute(s): US Code: 15 USC 1061 through 1063 Name of Law: Lanham Trademark Act of 1946

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:
	85 FR 82456	12/18/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 11508	02/25/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 12

IC Title Form No. Form Name Applications for Registration of Trademark/Service Mark under 37 CFR §44 (TEAS Plus) PTO Form 1480, PTO Form 1481, PTO Form 1482, PTO Form 1478, PTO Form 1479 Certification Mark Form, Principal Register ,   Collective Membership Mark Form, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Applications for Registration of Trademark/Service Mark under 37 CFR §44 (TEAS Plus-Individuals or Households) PTO Form 1480, PTO Form 1481, PTO Form 1482, PTO Form 1478, PTO Form 1479 Certification Mark Form, Principal Register ,   Collective Membership Mark Form, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Applications for Registration of Trademark/Service Mark under 37 CFR §44 (TEAS Standard-Individuals or Households) PTO Form 1480, PTO Form 1481, PTO Form 1482, PTO Form 1478, PTO Form 1479 Certification Mark Form, Principal Register ,   Collective Membership Mark Form, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Intent to Use Trademark/Service Mark Application (TEAS Standard) PTO Form 1479, PTO Form 1481, PTO Form 1480, PTO Form 1478, PTO Form 1482 Trademark/Service Mark Form, Supplemental Register ,   Collective Membership Mark Form, Principal Register ,   Certification Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Collective Trademark/Service Mark Form, Principal Register Use-Based Trademark/Service Mark Applications (TEAS Standard) PTO Form 1478, PTO Form 1482, PTO Form 1480, PTO Form 1479, PTO Form 1481 Trademark/Service Mark Application, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Certification Mark Form, Principal Register ,   Trademark/Service Mark Form, Supplemental Register ,   Collective Membership Mark Form, Principal Register Use-Based Trademark/Service Mark Applications (TEAS Standard-Individuals or Households) PTO Form 1481, PTO Form 1478, PTO Form 1482, PTO Form 1480, PTO Form 1479 Collective Membership Mark Application ,   Trademark/Service Mark Application, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Certification Mark Form, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Use-Based Trademark/Service Mark Applications (TEAS Plus-Individuals or Households) PTO Form 1481, PTO Form 1480, PTO Form 1482, PTO Form 1478, PTO Form 1479 Collective Membership Mark Form, Principal Register ,   Certification Mark Form, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Use-Based Trademark/Service Mark Applications (TEAS Plus) PTO Form 1481, PTO Form 1480, PTO Form 1479, PTO Form 1478, PTO Form 1482 Collective Membership Mark Form, Principal Register ,   Certification Mark Form, Principal Register ,   Trademark/Service Mark Form, Supplemental Register ,   Trademark/Service Mark Application, Principal Register ,   Collective Trademark/Service Mark Form, Principal Register Intent to Use Trademark/Service Mark Application (TEAS Standard-Individuals or Households) PTO Form 1481, PTO Form 1480, PTO Form 1482, PTO Form 1478, PTO Form 1479 Collective Membership Mark Form, Principal Register ,   Certification Mark Application Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Application for Registration of Trademark/Service Mark under §44 (TEAS Standard) PTO Form 1480, PTO Form 1481, PTO Form 1482, PTO Form 1478, PTO Form 1479 Certification Mark Form, Principal Register ,   Collective Membership Mark Form, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register) ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Intent to Use Trademark/Service Mark Application (TEAS Plus) PTO Form 1480, PTO Form 1481, PTO Form 1482, PTO Form 1478, PTO Form 1479 Certification Mark Form, Principal Register ,   Collective Membership Mark Form, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register Intent to Use Trademark/Service Mark Application (TEAS Plus-Individuals or Households) PTO Form 1480, PTO Form 1481, PTO Form 1482, PTO Form 1478, PTO Form 1479 Certification Mark Form, Principal Register ,   Collective Membership Mark Form, Principal Register ,   Collective Trademark/ Service Mark Form, Principal Register ,   Trademark/Service Mark Application, Principal Register ,   Trademark/Service Mark Form, Supplemental Register

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ICR Summary of Burden

	Total Request	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	506,837	437,599	0	0	69,238	0
Annual Time Burden (Hours)	377,830	213,496	0	0	164,334	0
Annual Cost Burden (Dollars)	152,994,532	110,829,100	0	0	42,165,432	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: Changes in Responses and Burden Hours For this renewal, the USPTO estimates that the annual responses will increase by 69,238 (from 437,599 to 506,837) and the total burden hours will increase by 164,334 (from 213,496 to 377,830) from the currently approved burden for this information collection. Changes in Respondent Cost Burden The total respondent cost burden for this information collection has increased by $57,621,348 (from $93,510,652 to $151,132,000 from the previous approval of this information collection: • Increase in estimated hourly rates. The previous renewal used an estimated rate of $438 per hour for respondents to this information collection, which was the estimated attorney rate at the time. For the current renewal, the USPTO is using an updated hourly rate of $400 for attorneys. • Increases in estimates burden hours. The total estimated burden hours have increased from 213,496 in the previous approval to 377,830 for the current renewal due to overall increases in the estimated annual responses for this information collection. Changes in Annual (Non-hour) Costs For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase by $42,165,432 (from $110,829,100 to $152,994,532). This change is due to administrative adjustments.

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Annual Cost to Federal Government: $3,671,246

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

Agency Contact: Catherine Cain 571 272-8946 [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: 02/26/2021

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