[Federal Register: December 8, 2005 (Volume 70, Number 235)]
[Notices]
[Page 72991-72992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de05-42]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Fastener Quality Act Insignia Recordal Process
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to comment on the
continuing information collection, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before February 6,
2006.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Brown@uspto.gov. Include ``0651-0028
comment'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan Brown.
Mail: Susan K. Brown, Records Officer, Office of the Chief
Information Officer, Office of Data Architecture and Services, Data
Administration Division, U.S. Patent and Trademark Office, PO Box 1450,
Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Sharon Marsh, Deputy
Commissioner for Trademark Examination Policy, Office of the
Commissioner for Trademarks, U.S. Patent and Trademark Office, PO Box
1451, Alexandria, VA 22313-1451; by telephone at 571-272-8900; or by e-
mail at Sharon.Marsh@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
Under Section 5 of the Fastener Quality Act (FQA), 15 U.S.C. 5401
et seq. (as amended by Pub. L. 104-113, Pub. L. 105-234, and Pub. L.
106-34), certain industrial fasteners are required to bear an insignia
identifying the manufacturer. The manufacturers of these fasteners are
required to record the insignia with the USPTO to ensure that a
fastener can be traced back to its manufacturer. The procedures for the
recordal of insignias under the FQA are set forth in 15 CFR 280.300-
280.326.
It is mandatory for manufacturers of fasteners covered by the FQA
to submit an application to the USPTO for recordal of an insignia on
the Fastener Insignia Register. The insignia may be either a unique
alphanumeric designation that the USPTO will issue upon request, or a
trademark that is either (1) registered at the USPTO or (2) the subject
of an application to obtain a registration. Upon successful application
for recordal of a fastener insignia, the USPTO will issue a Certificate
of Recordal, which remains active for five years and then must be
renewed. If ownership of a recorded alphanumeric designation is
assigned to another entity, the designation becomes ``inactive'' and
the new owner must submit an application in order to reactivate the
designation within six months of the date of assignment. If the
recordal is based on a trademark application or registration that is
subsequently assigned to a new owner, the recordal becomes ``inactive''
and cannot be reactivated. Instead, the new owner of the trademark
application or registration must apply for a new recordal.
This information collection includes one form, the Application for
Recordal of Insignia or Renewal/Reactivation of Recordal Under the
Fastener Quality Act (PTO-1611), which provides manufacturers with a
convenient way to submit a request for the recordal of a fastener
insignia or to renew or reactivate an existing Certificate of Recordal.
Use of Form PTO-1611 is not mandatory, and applicants may instead
prepare requests for recordal using their own format.
The public uses this information collection to comply with the
insignia recordal provisions of the FQA. The USPTO uses the information
in this collection to maintain the Fastener Insignia Register, which is
open to public inspection. The public may download the Fastener
Insignia Register from the USPTO Web site or purchase printed copies
from the USPTO.
II. Method of Collection
By mail, facsimile, or hand delivery to the USPTO.
III. Data
OMB Number: 0651-0028.
Form Number(s): PTO-1611.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 37 responses per year.
Estimated Time Per Response: The USPTO estimates that it will take
the public approximately 10 minutes (0.17 hours) to gather the
necessary information, prepare the form, and submit the request for
recordal or renewal of a fastener insignia to the USPTO.
Estimated Total Annual Respondent Burden Hours: 6 hours per year.
Estimated Total Annual Respondent Cost Burden: $486 per year. The
USPTO expects that the information in this collection will be prepared
by paraprofessionals at an estimated rate of $81 per hour. Therefore,
the USPTO estimates that the respondent cost burden for this collection
will be $486 per year.
[[Page 72992]]
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Application for Recordal of Insignia or 10 minutes...................... 37 6
Renewal/Reactivation of Recordal Under the
Fastener Quality Act (PTO-1611).
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Total..................................... ................................ 37 6
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Estimated Total Annual Non-hour Respondent Cost Burden: $863. There
are no capital start-up costs, recordkeeping costs, or maintenance
costs associated with this information collection. However, this
collection does have annual (non-hour) costs in the form of filing fees
and postage costs.
Under 37 CFR 2.7, the filing fee for a recordal of fastener
insignia or a renewal of an insignia recordal is $20. The USPTO
estimates that it will receive 37 recordals or renewals of fastener
insignia per year for a total of $740 in filing fees. If a manufacturer
submits a renewal after the expiration date but within six months of
that date, then the manufacturer must pay an additional $20 late
renewal surcharge. The USPTO estimates that approximately 5 of the
estimated 37 responses per year will be late renewals that incur the
surcharge, for a total of $100 in additional charges. Therefore, the
total estimated filing costs for this collection will be $863 per year.
The public may submit the information for this collection to the
USPTO by mail through the United States Postal Service. The USPTO
estimates that the average first-class postage cost for a mailed
submission will be 63 cents, for a total postage cost of $23 per year.
The total non-hour respondent cost burden for this collection in
the form of filing costs and postage costs is estimated to be $863 per
year.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, e.g., the use of automated
collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Dated: December 1, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer, Office
of Data Architecture and Services, Data Administration Division.
[FR Doc. E5-7062 Filed 12-7-05; 8:45 am]
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