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 Filing)	Form and Instruction	Modified	Available
Form PTO 2190 Notice of Appeal	Form and Instruction	Modified	Available
Form PTO 2151 Inter Parte Form	Form and Instruction	Modified	Available
Form PTO 2153 Notice of Opposition	Form and Instruction	Modified	Available
Form PTO 2120 Notice of Opposition	Form and Instruction	Modified	Available
Form PTO 2188 Petition for Cancellation	Form and Instruction	Modified	Available
0651-0040_Just_Final_Jan 11.pdf	Supporting Statement A	Uploaded 2011-01-21	Available
0651-USPTO-Information-Quality-Guidelines-Dec2009.pdf	Supplementary Document	Uploaded 2011-01-19	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	Modified	Ex Parte Appeal (General Filing)
182149	Miscellaneous Ex Parte Papers		Modified
182148	Electronic Notice of Appeal	Form and Instruction	Modified	Notice of Appeal
182147	Notice of Appeal		Modified
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	Modified	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		Modified
182092	Electronic Request for Extension of Time to File an Opposition	Form and Instruction	Modified	Notice of Opposition
182091	Extension of Time to File an Opposition		Modified
182090	Electronic Notice of Opposition	Form and Instruction	Modified	Notice of Opposition
182089	Notice of Opposition	Other-Suggested Format	Modified
182088	Electronic Petition To Cancel	Form and Instruction	Modified	Petition for Cancellation

ICR Details

OMB Control No: 0651-0040	ICR Reference No: 201011-0651-001
Status: Historical Active	Previous ICR Reference No: 200709-0651-003
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: 03/15/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/24/2011
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2014	36 Months From Approved	03/31/2011
Responses	71,743	0	79,000
Time Burden (Hours)	14,423	0	18,311
Cost Burden (Dollars)	2,131,205	0	2,740,891

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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 information in this collection can be filed electronically.

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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:
	75 FR 37380	06/29/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 4094	01/24/2011
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 Filing)
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	Notice of 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	71,743	79,000	0	0	-7,257	0
Annual Time Burden (Hours)	14,423	18,311	0	0	-3,888	0
Annual Cost Burden (Dollars)	2,131,205	2,740,891	0	-5,580	-604,106	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: This information collection currently has 79,000 responses, 18,311 burden hours, and $2,740,891 in annualized costs. For the renewal, the USPTO estimates that the responses and burden hours will decrease by 7,257 responses and 3,888 burden hours per year. These decreases are due to administrative adjustments resulting from an overall estimated reduction in the number of filings for the collection, coupled with re-estimated completion times for the petitions to cancel and notices of opposition. The USPTO also estimates that the annualized (non-hour) costs will decrease by $609,687. This decrease is mainly due to administrative adjustments resulting from the estimated reduction in filings, but is also due to a program change resulting from the removal of recordkeeping costs from the collection. The USPTO estimates that the overall reduction in filings will reduce the postage costs and filing fees for this collection. The USPTO estimates that this renewal will have 71,743 responses, 14,423 burden hours, and $2,131,205 in annualized (non-hour) costs.

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Annual Cost to Federal Government: $110,201

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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: 01/24/2011

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