Native American Tribal Insignia Database

Forms and Documents

Document Name	Status
0651-0048-SuppStatement-Feb2011.pdf Supporting Statement A	2011-03-10
0651-USPTO-Information-Quality-Guidelines-Dec2009.pdf Supplementary Document	2011-03-10
0651-0048-DatabaseEstablished.pdf Supplementary Document	2008-01-11

IC Document Collections

IC ID	Document Title	Status
4775	Request to Record an Official Insignia of a Federally Recognized Tribe	Modified
183360	Request to Record an Official Insignia of a State-Recognized Tribe	Modified

ICR Details

OMB Control No: 0651-0048	ICR Reference No: 201102-0651-001
Status: Historical Active	Previous ICR Reference No: 200801-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Native American Tribal Insignia Database
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: 04/21/2011
	Date Received in OIRA: 03/11/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2014	36 Months From Approved	06/30/2011
Responses	8	0	15
Time Burden (Hours)	5	0	3
Cost Burden (Dollars)	8	0	14

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Abstract: The Trademark Law Treaty Implementation Act (1998) required the USPTO to study issues surrounding the protection of the official insignia of federally and state-recognized Native American tribes under trademark law. As a result, the USPTO created a database of official tribal insignia to serve as a reference for examining attorneys when determining the registrability of a mark that may falsely suggest a connection to an official tribal insignia. Tribes are not required to submit their official insignia for inclusion in the database, and entry into the database is not the legal equivalent of registering the insignia as a trademark. The information in this collection is used by the USPTO to enter an official insignia for a Native American tribe into the database.

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Authorizing Statute(s): Statute at Large: 112 Stat. 3071 Name of Statute: null
   PL: Pub.L. 105 - 330 302 Name of Law: Trademark Law Treaty Implementation 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:
	75 FR 65611	10/26/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 11429	03/02/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Request to Record an Official Insignia of a Federally Recognized Tribe
Request to Record an Official Insignia of a State-Recognized Tribe

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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	8	15	0	0	-7	0
Annual Time Burden (Hours)	5	3	0	0	2	0
Annual Cost Burden (Dollars)	8	14	0	0	-6	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 estimated annual responses for this information collection will decrease due to an administrative adjustment. However, the total burden hours will increase due to an increase in the estimated time per response as an administrative adjustment. The decrease in annual cost burden is due to the decrease in total responses resulting in a decrease in total postage costs, but is partially offset by a small increase in estimated postage cost per response.

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Annual Cost to Federal Government: $448

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: 03/11/2011

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