[Federal Register: March 25, 2004 (Volume 69, Number 58)]
[Notices]
[Page 15300-15302]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr04-35]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Trademark Trial and Appeal Board (TTAB) Actions
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 take this
opportunity to comment on proposed and/or continuing information
collections, 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 May 24, 2004.
ADDRESSES: Direct all written comments to Susan K. Brown, Records
Officer, Office of the Chief Information Officer, Office of Data
Architecture and Services, Data Administration Division, 703-308-7400,
U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313,
Attn: CPK 3 Suite 310; by e-mail at susan.brown@uspto.gov; or by
facsimile at 703-308-7407.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Mary Frances Bruce, Senior
Administrator, Trademark Trial and Appeal Board, United States Patent
and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313-1450;
by telephone 703-308-9300; or by e-mail at maryfrances.bruce@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information is required by Sections 13 (15
U.S.C. 1063), 14 (15 U.S.C. 1064), and 20 (15 U.S.C. 1070) of the
Trademark Act. The Act provides for the Federal registration of
trademarks and service marks. Any individual or entity that adopts a
trademark or service mark to identify its goods or services may apply
to federally register its mark. Section 14 of the Trademark Act allows
individuals and entities to file a petition to cancel a registration of
a mark, while Section 13 allows individuals and entities who
[[Page 15301]]
believe that they would be damaged by the registration of a mark to
file an opposition to the registration of a mark. Section 20 of the
Trademark Act allows individuals and entities to file an appeal from
any final decision of the examiner in charge of the requested
registration of a mark.
The United States Patent and Trademark Office (USPTO) administers
the Trademark Act according to 37 CFR Part 2, which contains the rules
that implement the Trademark Act. 37 CFR 2.111 and 2.112 govern the
filing of a Petition to Cancel and 37 CFR 2.101, 2.102, and 2.104
govern the filing of an opposition to the registration of a trademark.
37 CFR 2.141 and 2.142 govern the filing of appeals. Petitions to
cancel a trademark registration, oppositions, and appeals are filed
with the Trademark Trial and Appeal Board (TTAB).
Individuals and entities now have the option to file the Request
for Extension of Time to File an Opposition, the Notice of Opposition,
and certain papers such as motions and briefs, electronically through
the Electronic System for Trademark Trials and Appeals (ESTTA). In
addition, the USPTO is currently developing forms to collect the
Petition to Cancel, the Notice of Appeal, and Miscellaneous Ex Parte
Papers such as motions and briefs, electronically through ESTTA as
well. The USPTO plans to deploy these forms in FY 2004. These
electronic forms, in addition to those already deployed through ESTTA,
are being incorporated into this collection at this time for review and
approval. The paper equivalent of the Notice of Appeal is also being
submitted for review at this time.
There are no paper forms associated with this collection. However,
the TTAB has suggested formats for the Petition to Cancel and the
Notice of Opposition that individuals and entities can use when
submitting these petitions and notices to the TTAB. These are not forms
and as such do not have form numbers. If applicants or entities wish to
submit the petitions, notices, and additional papers in inter partes
and ex parte cases electronically, they must use the forms provided
through ESTTA. Oppositions to extensions of protection under the Madrid
Protocol (or requests for extensions of time to oppose) must be filed
electronically through ESTTA.
This information collection was reviewed and approved by the Office
of Management and Budget (OMB) on May 16, 2001 with 61,572 responses
and 17,179 burden hours. On September 17, 2002, a change worksheet,
which decreased the total responses by 19,172 responses per year and
total burden hours by 5,679 hours per year, was submitted to OMB for
review and approval. OMB approved this change worksheet on September
20, 2002, changing the currently approved inventory for this collection
to 42,400 responses and 11,500 burden hours per year.
II. Method of Collection
By mail or hand carry when the applicant or agent files a petition
to cancel a trademark registration, an opposition to the registration
of a trademark, a request to extend the time to file an opposition, or
a notice of appeal with the USPTO. These requirements, in addition to
papers filed in Inter Partes and Ex Parte cases, can also be submitted
electronically to the TTAB through ESTTA. Only Notices of Appeal for ex
parte appeals can be submitted by facsimile.
III. Data
OMB Number: 0651-0040.
Form Number(s): Electronic forms for the Petition to Cancel, the
Notice of Opposition, the Request for Extension of Time to File an
Opposition, Electronic Papers in Inter Partes Cases, and Electronic
Miscellaneous Ex Parte Papers.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households; business or other for
profit; not-for-profit institutions; farms, Federal Government; and
state, local or tribal Government.
Estimated Number of Respondents: 46,900 total responses per year.
Of this total, the USPTO estimates that 1,520 Petitions to Cancel,
4,400 Notices of Opposition, 21,000 Extensions of Time to File an
Opposition, and 2,400 Notices of Appeal will be submitted in paper per
year. The USPTO further estimates that 380 Petitions to Cancel, 1,100
Notices of Opposition, 9,000 Requests for Extension of Time to File an
Opposition, 5,000 Papers in Inter Partes Cases, 600 Notices of Appeal,
and 1,500 Miscellaneous Ex Parte Papers will be submitted
electronically per year.
Estimated Time Per Response: The USPTO estimates that it will take
the public 45 minutes to complete the Petitions to Cancel and the
Notices of Opposition; 10 minutes to complete the Extensions of Time to
File an Opposition, the Electronic Papers in Inter Partes Cases, and
the Electronic Miscellaneous Ex Parte Papers; and 15 minutes to
complete the Notices of Appeal. This includes time to gather the
necessary information, create the documents, and submit the completed
request. The USPTO believes that it will take the same amount of time
to submit the Petitions to Cancel, the Notices of Opposition, the
Extensions of Time to File an Opposition, and the Notices of Appeal
electronically as it does to submit them in paper.
Estimated Total Annual Respondent Burden Hours: 12,505 hours per
year.
Estimated Total Annual Respondent Cost Burden: $2,294,669. The
USPTO estimates that it will take a 50/50 level of effort by associate
attorneys and paraprofessional/paralegals to complete the requirements
in this collection. Using a typical professional hourly rate of $286
for associate attorneys in private firms and the paraprofessional/
paralegal rate of $81 for paralegals/legal assistants in private firms
and calculating the average of these rates, the USPTO believes that the
average hourly rate for those completing the petitions, notices,
requests, and other papers in this collection will be $183.50.
Therefore, the USPTO estimates that the salary costs for the
respondents providing this information will be $2,294,669 per year.
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Petition to Cancel............................ 45 minutes...................... 1,520 1,140
Electronic Petition to Cancel................. 45 minutes...................... 380 285
Notice of Opposition.......................... 45 minutes...................... 4,400 3,300
Electronic Notice of Opposition............... 45 minutes...................... 1,100 825
Extension of Time to File an Opposition....... 10 minutes...................... 21,000 3,570
Electronic Request for Extension of Time to 10 minutes...................... 9,000 1,530
File an Opposition.
Electronic Papers in Inter Partes Cases (file 10 minutes...................... 5,000 850
motions, briefs, and other papers in
opposition and cancellation proceedings).
Notice of Appeal.............................. 15 minutes...................... 2,400 600
[[Page 15302]]
Electronic Notice of Appeal................... 15 minutes...................... 600 150
Electronic Miscellaneous Ex Parte Papers...... 10 minutes...................... 1,500 255
The USPTO believes that 69% of the Petitions
to Cancel, the Notices of Opposition, the
Extensions of Time to File an Opposition, and
the Notices of Appeal filed with the TTAB
will be sent by first-class mail. Using a
typical first-class postage rate of 49 cents,
the USPTO estimates a total of $15,837 in
postage costs for this collection.
For the Petitions to Cancel, Notices of
Opposition, the Extensions of Time to File an
Opposition, the Notices of Appeal, the
Electronic Papers in Inter Partes Cases, and
the Electronic Miscellaneous Ex Parte Papers
that are filed electronically, the USPTO
suggests that the applicant print a copy of
the receipt for their records. The USPTO
estimates that it will take 5 seconds (0.001)
to print out this receipt and that 17,580
petitions, notices, extensions, and other
papers will be submitted electronically.
Using the average hourly rate of $183.50, the
USPTO estimates an approximate recordkeeping
cost of $3,303 for this information
collection.
There are filing fees associated with the
Petitions to Cancel, the Notices of
Opposition, and the Notices of Appeal; the
Extensions of Time to File an Opposition do
not have filing fees. The Electronic Papers
in Inter Partes Cases and Electronic
Miscellaneous Ex Parte Papers do not add new
fees to this information collection. The
filing fees for the Petitions to Cancel, the
Notices of Opposition, and the Notices of
Appeal are per class; therefore the total
filing fees can vary depending on the number
of classes. The total filing fees of
$2,520,000 shown here are the minimum fees
associated with this information
collection.4,L2,tp0,i1,s100,13,13,13
Petition to Cancel............................ 1,520........................... $300.00 $456,000.00
Electronic Petition to Cancel................. 380............................. 300.00 114,000.00
Notice of Opposition.......................... 4,400........................... 300.00 1,320,000.00
Electronic Notice of Opposition............... 1,100........................... 300.00 330,000.00
Extension of Time to File an Opposition....... 21,000.......................... 0.00 0.00
Electronic Request for Extension of Time to 9,000........................... 0.00 0.00
File an Opposition.
Electronic Papers in Inter Partes Cases....... 5,000........................... 0.00 0.00
Notice of Appeal.............................. 2,400........................... 100.00 240,000.00
Electronic Notice of Appeal................... 600............................. 100.00 60,000.00
Electronic Miscellaneous Ex Parte Papers...... 1,500........................... 0.00 0.00
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Totals.................................... 46,900.......................... .............. $2,520,000.00
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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 will also become a matter of public record.
Dated: March 19, 2004.
Susan K. Brown,
Records Officer, United States Patent and Trademark Office, Office of
the Chief Information Officer, Office of Data Architecture and Services
Data Administration Division.
[FR Doc. 04-6671 Filed 3-24-04; 8:45 am]
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