Trademark Submissions Regarding Correspondence and Regarding Attorney Representation
Revision of a currently approved collection
No
Regular
11/30/2020
Requested
Previously Approved
36 Months From Approved
01/31/2021
204,323
84,291
50,437
7,836
1,369
41
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 that use or intend to use such marks in commerce may file an application to register their marks with the USPTO.
Such individuals and business may also submit various communications to the USPTO regarding their pending applications or registered trademarks, including providing additional information needed to process a pending application, filing amendments to the applications, or filing the papers necessary to keep a trademark in force. In the majority of circumstances, individuals and business retain attorneys to handle these matters. As such, these parties may also submit communications to the USPTO regarding the appointment of attorneys to represent applicants or registrants in the application and post-registration processes or, in the case of applicants or registrants who are not domiciled in the United States, the appointment of domestic representatives on whom may be served notices of process in proceedings affecting the mark, the revocation of an attorneyâs or domestic representativeâs appointment, and requests for permission to withdraw from representation.
The rules implementing the Act are set forth in 37 CFR Part 2. In addition to governing the registration of trademarks, the Act and rules also govern the appointment and revocation of attorneys and domestic representatives and provide the specifics for filing requests for permission to withdraw as the attorney of record. The information in this collection is available to the public.
The information in this collection can be submitted in paper form or electronically through the Trademark Electronic Application System (TEAS). The information in this collection can be collected in three different formats: paper format, electronically using TEAS forms with dedicated data fields, or electronically using the TEAS Global Form format. The TEAS Global Form format permits the USPTO to collect information electronically when a TEAS form having dedicated data fields is not yet available.
This collection currently has two TEAS forms and two TEAS Global Forms. There are no official paper forms for the items in this collection. Individuals and businesses can submit their own paper forms, following the USPTOâs rules and guidelines to ensure that all of the necessary information is provided.
US Code:
15 USC 1051
Name of Law: Lanham Act of 1946
The estimated total responses for this information collection has increased by 120,032 (from 84,291 to 204,323) and the estimated total burden hours have increased by 42,601 (from 7,836 to 50,437) from the currently approved burden for this information collection. These changes are due to the following adjustments:
⢠Increase in response estimates is based on recent Agency estimates of respondents using these processes. An increase (doubling the 2017 estimates) in usage of the change address and representation process processes are the primary drivers of change to this information collection.
⢠Increase in the cost estimates is due to a change in the postal rates ($0.49 increasing to $8.05) being associated with mailings within this information collection.
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:
(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;
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.
Revocation of Attorney/Domestic Representative and/or Appointment of Attorney/Domestic Representative (Individuals and Households)