Trademark Petitions

Forms and Documents

Document Name	Status
USPTO-infoqualityguide-092008.pdf Supplementary Document	2009-08-06
00xx Just Trademark Petitions.pdf Supporting Statement A	2009-08-06

IC Document Collections

IC ID	Document Title	Status
189992	Request to Make Special	New
189991	TEAS Request to Make Special	New
189957	Letter of Protest	New
189956	TEAS Letter of Protest	New

ICR Details

OMB Control No: 0651-0061	ICR Reference No: 200907-0651-002
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Trademark Petitions
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/16/2009
	Date Received in OIRA: 08/04/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2012	36 Months From Approved
Responses	953	0	0
Time Burden (Hours)	862	0	0
Cost Burden (Dollars)	209	0	0

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Abstract: The information described in this new collection is used by the agency to process letters of protest and requests to make special and by the public to submit such information to the agency. The agency is initiating a new method of electronic submission that will standardize the information for these two items. These requirements can be found at 37 CFR 2.146. A letter of protest is an informal procedure whereby third parties who object to the registration of a mark in a pending application may submit evidence relevant to the registrability of the mark to the attention of the USPTO. A request to make special may be submitted where an applicant's prior registration for the same mark on the same goods and/or services was cancelled due to the inadvertent failure to file a post registration maintenance document.

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Authorizing Statute(s): US Code: 15 USC 1051 Name of Law: Trademark Act
  

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:
	74 FR 23168	05/18/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 38394	08/03/2009
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Request to Make Special
TEAS Request to Make Special
TEAS Letter of Protest
Letter of Protest

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ICR Summary 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	953	0	0	953	0	0
Annual Time Burden (Hours)	862	0	0	862	0	0
Annual Cost Burden (Dollars)	209	0	0	209	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The USPTO is enhancing the electronic submission options in its TEAS filing system, to include a new Global Format option. This standardization of collection action will increase the burden as it will mean the incorporation of items that were not previously calculated as part of the burden. The agency is proposing to include the letter of protest and the request to make special in the inventory at this time because of the initiation of the new, standardized optional method of electronic submission of these items.

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Annual Cost to Federal Government: $22,632

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)? No

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: 08/04/2009

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