The United States Patent and Trademark Office (USPTO) administers, under the Trademark Act pursuant to 37 CFR Part 2, the various rules that govern the filing of petitions to cancel the registration of a mark, notices of opposition to the registration of a mark, extensions of time to file an opposition, appeals, and other submissions filed in connection with inter partes and ex parte proceedings. These petitions, notices, extensions, and additional submissions are filed with the Trademark Trial and Appeal Board (TTAB). The TTAB decides inter partes cases and ex parte appeals. The TTAB is an administrative tribunal empowered to determine the right to register as the issue may be presented in such cases. The Chief Administrative Trademark Judge, Deputy Chief Administrative Trademark Judge and administrative trademark judges decide proceedings filed with the TTAB. A panel of three judges decides each case when it is ready for final decision on the merits. The TTAB follows the Federal Rules of Civil Procedure when applicable, and the âTrademark Rulesâ in 37 CFR Part 2.
US Code:
15 USC 1063
Name of Law: Trademark Act of 1946
Change in Respondents
The total number of respondents has decreased by 6,450 due to estimated fluctuations in the number of responses/submissions in this information collection. Overall fewer respondents submitted items within this information collection. One new item, appeal brief were added on its own line to better represent the items included in this information collection; this added 600 respondents.
Changes in Hourly Burdens
The total number of annual time burden estimates have increased by 998,341 hours due to a change in the burden estimates for three IC lines. The IC lines and the adjustments are:
⢠IC Line 1 â increasing the estimated time per response from 0.50 hours per response to 18 hours per response.
⢠IC Line 2 â increasing the estimated time per response from 0.5 hours per response to 18 hours per response.
⢠IC Line 4 â increasing the estimate time per response from 0.25 hours per response to 21 hours per response.
These time burden estimated were increased to bring TTAB estimates into alignment with other USPTO estimates for similar items, especially those used by PTAB. In reviewing the time estimates, the previous values were not enough to cover the full drafting of the legal documents required for that item. These new estimates provide a better reflection of the time burdens that these legal actions require for parties seeking a TTAB decision.
Additionally, there is an slight increase (19,273 burden hours) due to natural fluctuations in individuals filng out particular items within this information collection even as the overall number of respondents slightly declined.
Changes in Annual (Non-hour) Costs
For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase by $2,910,947 from the previous approval due to changing fees amounts for various TTAB items. This information collection also saw a slight decrease in annual (non-hour) costs burdens (-442,506) due to fluctuations in submissions for items that require a fee, particularly for Requests for Extension of Time to File an Opposition.
$314,004
No
Yes
Yes
No
No
No
No
LaToya Brown 571 272-4283
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.
Extension of Time to File an Opposition