Trademark Trial and Appeal Board (TTAB) Actions

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO 2189 Ex Parte Appeal (general filings)	Form and Instruction	New	Available
Form PTO 2190 Notice of Appeal	Form and Instruction	New	Available
Form PTO 2151 Inter Parte Form	Form and Instruction	New	Available
Form PTO 2153 Request for Extension of Time to File an Opposition	Form and Instruction	New	Available
Form PTO 2120 Notice of Opposition	Form and Instruction	New	Available
Form PTO 2188 Petition for Cancellation	Form and Instruction	New	Available
References for 0651-0040.pdf	Supplementary Document	Uploaded 2007-09-27	Available
0651-0040 Final Justification 2007.pdf	Supporting Statement A	Uploaded 2007-09-27	Available
USPTO-infoqualityguide.pdf	Supplementary Document	Uploaded 2007-09-27	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
37421	Petition to Cancel	Other-suggested format	Modified
182150	Electronic Miscellaneous Ex Parte Papers	Form and Instruction	New	Ex Parte Appeal (general filings)
182149	Miscellaneous Ex Parte Papers		New
182148	Electronic Notice of Appeal	Form and Instruction	New	Notice of Appeal
182147	Notice of Appeal		New
182146	Electronic Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration, abandonment	Form and Instruction	New	Inter Parte Form
182143	Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration		New
182092	Electronic Request for Extension of Time to File an Opposition	Form and Instruction	New	Request for Extension of Time to File an Opposition
182091	Extension of Time to File an Opposition		New
182090	Electronic Notice of Opposition	Form and Instruction	New	Notice of Opposition
182089	Notice of Opposition	Other-suggested format	New
182088	Electronic Petition To Cancel	Form and Instruction	New	Petition for Cancellation

ICR Details

OMB Control No: 0651-0040	ICR Reference No: 200709-0651-003
Status: Historical Active	Previous ICR Reference No: 200508-0651-005
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Trademark Trial and Appeal Board (TTAB) Actions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/24/2008
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/27/2007
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2011	36 Months From Approved	01/31/2008
Responses	79,000	0	38,360
Time Burden (Hours)	18,311	0	10,315
Cost Burden (Dollars)	2,740,891	0	2,121,000

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Abstract: Individuals or entities who believe that they would be damaged by the registration of a mark may file an opposition to the registration of that mark or an extension of time to file an opposition under 15 U.S.C. 1063. 15 U.S.C. 1064 allows individuals and entities, who believe that they are or will be damaged by the registration of a mark, to file a petition to cancel the registration of a mark. Individuals or entities may file an appeal from any final decision of the Trademark Examining Attorney assigned to review an application for registration of a mark under 15 U.S.C. 1070. The rules governing TTAB actions can be found in 37 CFR Part 2. These actions are governed by the Trademark Trial and Appeal Board (TTAB). The opposition, extensions, petitions, appeals, and papers in inter partes and ex parte cases can be filed electronically. Affected public includes individuals or households and business or other for-profit.

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Authorizing Statute(s): US Code: 15 USC 1063
   US Code: 15 USC 1064
   US Code: 15 USC 1070
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 29133	05/24/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 54245	09/24/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 12

table that charts list of burden

IC Title	Form No.	Form Name
Electronic Miscellaneous Ex Parte Papers	PTO 2189	Ex Parte Appeal (general filings)
Electronic Notice of Appeal	PTO 2190	Notice of Appeal
Electronic Notice of Opposition	PTO 2120	Notice of Opposition
Electronic Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration, abandonment	PTO 2151	Inter Parte Form
Electronic Petition To Cancel	PTO 2188	Petition for Cancellation
Electronic Request for Extension of Time to File an Opposition	PTO 2153	Request for Extension of Time to File an Opposition
Extension of Time to File an Opposition
Miscellaneous Ex Parte Papers
Notice of Appeal
Notice of Opposition
Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration
Petition to Cancel

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	79,000	38,360	0	0	40,640	0
Annual Time Burden (Hours)	18,311	10,315	0	0	7,996	0
Annual Cost Burden (Dollars)	2,740,891	2,121,000	0	816	619,075	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The increased burden hours are due to the addition of two requirements to the collection and increases in the number of submissions resulting from administrative adjustments. The increases in the annual cost burden are due to increased and additional postage costs, and increases in submissions resulting from administrative adjustments. Additional postage costs for serving copies of petitions to cancel and notices of oppositions on other parties involved in proceedings before the TTAB have also been added due to program changes.

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Annual Cost to Federal Government: $123,489

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 09/27/2007

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