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.
This information collection covers various communications submitted by individuals and businesses to the USPTO occurring after registration of a trademark. One type of communication is a request to amend registrations to delete goods or services that are no longer being used by the registrant or registration owner. Registered marks remain on the register for 10 years and can be renewed, but will be cancelled unless the registration owner files with the USPTO a declaration attesting to the continued use (or excusable non-use) of the mark in commerce, and a renewal application, within specific deadlines. Registration owners may also request to amend or divide a registration, respond to a post-registration Office action, and surrender a registration.
The information in this information collection is used to maintain the quality of the trademark register. The register information may be accessed by an individual or by businesses to determine the availability of a mark. By keeping the register current and accurate, parties may reduce the possibility of initiating use of a mark previously adopted by another.
US Code:
15 USC 1051
Name of Law: Lanham Trademark Act of 1946
Change in Respondents and Hourly Burden due to Adjustment in Agency Estimate:
The total number of respondents has increased by 15,332 due to estimated fluctuations in the number of responses/submissions in this information collection. This increase in the number of respondents and responses results in an increase of 57,954 hours in the annual time burden estimates.
Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate:
For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $1,072,215 from the previous approval. This decrease is due to estimated fluctuations in submissions for items that require a fee and a decrease in the number of respondents submitting their information by mail.
Change in Annual (Non-hour) Costs due to Program Change due to Agency Discretion:
This renewal request incorporates changes in fee amounts that were included in 0651-AD42 (85 FR 222). The USPTO estimates that these new fee amounts result in $1,707,679 in non-hour cost burdens.
$2,285,297
No
Yes
Yes
No
No
No
No
Catherine cain 571 272-8946
No
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.
Declaration of Use of Mark in Commerce Under Section 8 (Individuals or Households)