Download:
pdf |
pdfSUPPORTING STATEMENT
United States Patent and Trademark Office
Madrid Protocol
OMB CONTROL NUMBER 0651-0051
(September 2012)
A.
JUSTIFICATION
1.
Necessity of Information Collection
This collection of information is required by the Trademark Act of 1946, 15 U.S.C. § 1051 et
seq., which provides for the Federal registration of trademarks, service marks, collective
trademarks and service marks, collective membership marks, and certification marks.
Individuals and businesses that use or intend to use such marks in commerce may file an
application to register the marks with the United States Patent and Trademark Office
(USPTO). Both the register and the information provided in pending applications for
registration can be accessed by the public in order to determine the availability of a mark
and lessen the likelihood of initiating the use of a mark previously adopted by another.
The Protocol Relating to the Madrid Agreement Concerning the International Registration of
Marks (“Madrid Protocol”) is an international treaty that allows a trademark owner to seek
registration in any of the participating countries by filing a single international application.
The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in
Geneva, Switzerland, administers the international registration system. The Madrid
Protocol Implementation Act of 2002 amended the Trademark Act to provide that: (1) the
owner of a U.S. application or registration may seek protection of its mark in any of the
participating countries by submitting a single international application to the IB through the
USPTO and (2) the holder of an international registration may request an extension of
protection of the international registration to the United States. The Madrid Protocol
became effective in the United States on November 2, 2003, and is implemented under 15
U.S.C. § 1141 et seq. and 37 CFR Part 2 and Part 7.
An international application submitted through the USPTO must be based on an active U.S.
application or registration and must be filed by the owner of the application or registration.
The applicant must be a national of the United States, be domiciled in the United States, or
have a real and effective industrial or commercial establishment in the United States. The
USPTO reviews the international application to certify that it corresponds to the data
contained in the existing U.S. application or registration before forwarding the international
application to the IB. The IB then reviews the international application to determine
whether the Madrid filing requirements have been met and the required fees have been
paid. If the international application is unacceptable, the IB will send a notice of irregularity
to the USPTO and the applicant. The applicant must respond to the irregularities to avoid
abandonment, unless a response from the USPTO is required. After any irregularities are
corrected and the application is accepted, the IB registers the mark, publishes the
registration in the WIPO Gazette of International Marks, and sends a certificate to the
holder.
When the mark is registered, the IB notifies each country designated in the application of
the request for extension of protection. Each designated country then examines the
request under its own laws. Once an international registration has been issued, the holder
may also file subsequent designations to request an extension of protection to additional
countries.
Under Section 71 of the Trademark Act, a registered extension of protection to the United
States will be cancelled unless the holder of the international registration periodically files
affidavits of continued use in commerce or excusable nonuse. The first affidavit must be
filed five years after the USPTO registers an extension of protection.
If the IB cancels an international registration due to the cancellation of the underlying basic
application or registration, the USPTO will likewise cancel the corresponding extension of
protection of the registration to the United States. Under certain circumstances, the holder
of the international registration may request transformation of the cancelled extension of
protection into a U.S. application under Section 1 or 44 of the Trademark Act.
An international registration lasts for ten years and may be renewed for additional ten-year
periods by making a request directly to the IB and paying the renewal fee. The USPTO
does not process requests to renew international registrations.
This collection includes the information necessary for the USPTO to process applications
for international registration and related requests under the Madrid Protocol. The USPTO
provides electronic forms for filing the items in this information collection online (except for
the Request to Record an Assignment or Restriction of a Holder’s Right to Dispose of an
International Registration) using the Trademark Electronic Application System (TEAS),
which is available through the USPTO Web site.
The USPTO is proposing to add one item, the Combined Declaration of Continued
Use/Excusable Nonuse and Incontestability Under Sections 71 and 15, which is an existing
information requirement that was not previously covered under this collection.
Applicants may also submit the items in this collection on paper or by using the forms
provided by the IB, which are available on the WIPO Web site. The IB requires
Applications for International Registration and Applications for Subsequent Designation that
are filed on paper to be submitted on the official IB forms.
Table 1 identifies the statutes and regulations that authorize the USPTO to collect the
information discussed above:
2
Table 1: Information Requirements
Requirement
Statute
Rule
Application for International Registration
15 U.S.C. § 1141a
37 CFR 7.11
Application for Subsequent Designation
15 U.S.C. § 1141d
37 CFR 7.21
Response to Notice of Irregularity
Not applicable
37 CFR 7.14
Replacement Request
15 U.S.C. § 1141m
37 CFR 7.28
Request to Record an Assignment or Restriction of a
Holder’s Right to Dispose of an International Registration
15 U.S.C. § 1141l
37 CFR 7.23 and 7.24
Transformation Request
15 U.S.C. § 1141j(c)
37 CFR 7.31
Petition to Director to Review Denial of Certification of
International Application
15 U.S.C. § 1141b
37 CFR 2.146, 7.4(b), and 7.13
Declaration of Continued Use/Excusable Nonuse of Mark
in Commerce Under Section 71
15 U.S.C. § 1141k
37 CFR 7.36 and 7.37
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and 15
15 U.S.C. §§ 1065 and 1141k
37 CFR 2.167, 2.168, 7.36, and
7.37
2.
Needs and Uses
The public uses this collection to submit applications for international registration and
related requests to the USPTO under the Madrid Protocol. The information in this
collection is a matter of public record and is used by the public for a variety of private
business purposes related to establishing and enforcing international trademark rights. The
information is available at USPTO facilities and is also accessible through the USPTO Web
site.
The Information Quality Guidelines from Section 515 of Public Law 106-554, Treasury and
General Government Appropriations Act for Fiscal Year 2001, apply to this information
collection, and this information collection and its supporting statement comply with all
applicable information quality guidelines, i.e., OMB and specific operating-unit guidelines.
Table 2 outlines how this collection of information is used by the public and the USPTO:
Table 2: Needs and Uses of Information Collected
Form and Function
Form #
Needs and Uses
Application for International Registration
PTO-2131
TEAS
Application for Subsequent Designation
PTO-2132
TEAS
3
Used by the public to apply for international trademark
registration.
Used by the USPTO to review applications for international
trademark registration and forward them to the IB.
Used by the public to identify countries that were not
named in an original international application but in which
trademark protection is now sought.
Used by the USPTO to forward additionally designated
countries in an international application to the IB.
Form and Function
Form #
Needs and Uses
Response to Notice of Irregularity
PTO-2133
TEAS
Replacement Request
TEAS Global
Form
Request to Record an Assignment or
Restriction of a Holder’s Right to Dispose of
an International Registration
No Form
Associated
Transformation Request
TEAS Global
Form
Petition to Director to Review Denial of
Certification of International Application
TEAS Global
Form
Declaration of Continued Use/Excusable
Nonuse of Mark in Commerce Under Section
71
PTO-1663
TEAS
Combined Declaration of Continued
Use/Excusable Nonuse and Incontestability
Under Sections 71 and 15
PTO-1683
TEAS
3.
Used by the public to respond to irregularities in
international applications identified by the IB.
Used by the USPTO to forward responses to irregularities
identified in international applications to the IB.
Used by the public to request that the USPTO replace a
U.S. trademark registration with a subsequently registered
extension of protection to the United States.
Used by the USPTO to review requests to replace a U.S.
trademark registration with a subsequently registered
extension of protection to the United States.
Used by the public to request that the USPTO record an
assignment of an international registration or a restriction
of a holder’s right to dispose of an international registration.
Used by the USPTO to record assignments of an
international registration or restrictions of a holder’s right to
dispose of an international registration.
Used by the public to request that the USPTO transform a
cancelled extension of protection into an application for
registration under Section 1 or 44 of the Trademark Act.
Used by the USPTO to review requests that the USPTO
transform a cancelled extension of protection into an
application for registration under Section 1 or 44 of the
Trademark Act.
Used by the public to request that the USPTO review an
examiner’s refusal to certify an international application.
Used by the USPTO to review claims that the refusal to
certify an international application was erroneous.
Used by the public to submit a declaration that a mark is in
use or that any nonuse of a mark is excusable in order to
retain an extension of protection to the United States.
Used by the USPTO to review declarations stating that a
mark is in use or that any nonuse of a mark is excusable.
Used by the public to claim that a mark registered on the
Principal Register is now incontestable and to submit a
declaration that a mark is in use or that any nonuse of a
mark is excusable in order to retain an extension of
protection to the United States.
Used by the USPTO to review declarations stating that a
mark is in use or that any nonuse of a mark is excusable.
Use of Information Technology
The USPTO, in conjunction with delegates from WIPO and from various countries, defined
procedures and formats for exchanging Madrid Protocol data electronically between WIPO
and any member country of the Madrid Protocol. These standards cover both text and
image data.
The public may file the information in this collection electronically through the Trademark
Electronic Application System (TEAS), which is accessible via the USPTO Web site. TEAS
forms are completed online and transmitted to the USPTO via the Internet. The TEAS
forms include “Help” instructions, as well as a “Form Wizard” that tailors the form to the
particular characteristics of the application and the mark in question, based on responses
4
provided by the user to questions posed by the Wizard. The forms filed are received within
seconds after transmission, and a confirmation of filing is immediately issued via e-mail to
the user. The forms allow users to pay any fees by credit card, electronic funds transfer, or
an authorization to charge a USPTO deposit account.
With respect to international applications and subsequent designations, filers can enter the
U.S. application serial number or registration number of the mark that will form the basis of
the international application on the appropriate form. Once entered, the data fields are
automatically populated with the data that presently exists in the USPTO’s Trademark
Reporting and Monitoring (TRAM) database. If no changes are made by the filer, the
international application is automatically certified upon submission to the USPTO.
Similarly, once a trademark owner has an international registration, the pre-populated
subsequent designation form allows the filer to automatically insert the existing data and
make further designations of new countries to which the data will be transmitted by the IB.
Please note that electronic forms must be submitted via TEAS; filers may not e-mail their
own forms to the USPTO. Forms submitted on paper must be delivered by U.S. Postal
Service first-class mail to a special postal address or delivered by other means to the
Trademark Assistance Center at the USPTO.
The TEAS Global Forms are an interim workaround as the USPTO develops additional
TEAS forms covering items that are currently collected only in paper. This method allows
for electronic filing of documents when there is not currently a TEAS form with dedicated
data fields for the particular purpose. A TEAS Global Form allows the user to submit
documents electronically by identifying a document type through a drop-down list, entering
text in a free-text box, and attaching files in JPG or PDF format.
In addition to providing a system that allows the electronic transmission of trademark
submissions, the USPTO also provides the public with online access to various trademark
records. One such online product is the Trademark Electronic Search System (TESS), a
Web-based record of registered marks and marks for which applications for registration
have been submitted. TESS can be used by potential applicants for trademark registration
to assist in the determination of whether a particular mark may be available. The data in
TESS is identical to the data reviewed by examining attorneys at the USPTO in their
determination of whether marks for which registration is sought are confusingly similar to
marks in existing registrations or to marks in pending applications for registration. TESS
allows for the user to choose from several search tools, is updated daily, and is easy to
use.
The USPTO also maintains an online database called Trademark Status and Document
Retrieval (TSDR), which features information regarding the status of trademark applications
and registrations as well as images of each of the documents that make up the “electronic
file wrapper” of a particular trademark application or registration. Currently, images of
virtually all pending trademark application and registration files are present in TSDR.
5
These systems are all accessible on the USPTO Web site. Thus, the USPTO offers a
single source for a variety of systems useful both for making submissions to the USPTO
and for tracking the status of these submissions.
4.
Efforts to Identify Duplication
This information is collected only when a U.S. trademark owner or applicant submits an
application for international registration or a related request. This information is not
collected elsewhere and does not result in a duplication of effort. When submitting an
international application online using TEAS, customers may enter the appropriate U.S.
serial number or registration number in order to populate the forms with the relevant
application or registration information from the USPTO database and avoid re-entering this
information. Use of the pre-populated version of the forms avoids manual entry errors and
provides users with a faster means of submitting an application.
5.
Minimizing Burden to Small Entities
This collection does not impose a significant economic burden on small entities or small
businesses. The same information is required from every customer and is not available
from any other source.
6.
Consequences of Less Frequent Collection
This information collection could not be conducted less frequently. If the information were
not collected, the USPTO would not be able to fulfill its obligations under the Madrid
Protocol.
7.
Special Circumstances in the Conduct of Information Collection
There are no special circumstances associated with this collection of information.
8.
Consultations Outside the Agency
The 60-Day Notice was published in the Federal Register on January 12, 2012 (77 Fed.
Reg. 1917). The comment period ended on March 12, 2012.
The USPTO received one public comment, from an intellectual property law firm. The
comment supported the proposed addition of the electronic (TEAS) form for Combined
Declarations of Continued Use/Excusable Nonuse and Incontestability Under Sections 71
and 15 and noted the efficiency in time and cost of offering a combined form for these
items, which are often filed together.
Large and well-organized bar associations frequently communicate their views to the
USPTO. In addition, the Trademark Public Advisory Committee (T-PAC) was created by
the American Inventors Protection Act of 1999 to advise the Director of the USPTO on the
6
agency’s operations, including its goals, performance, budget, and user fees. The T-PAC
has nine voting members who are appointed by and serve at the pleasure of the Secretary
of Commerce. The statute also provides non-voting membership on the Committee for the
agency’s three recognized unions. Members include inventors, lawyers, corporate
executives, entrepreneurs, and academicians with significant experience in management,
finance, science, technology, labor relations, and intellectual property issues. The members
of the T-PAC reflect the broad array of USPTO’s stakeholders and embrace the USPTO’s
e-government initiative.
9.
Payment of Gifts to Respondents
This information collection does not involve a payment or gift to any respondent.
10.
Assurance of Confidentiality
The information collected is open to public inspection. Confidentiality is not required in the
processing of trademark applications.
11.
Justification for Sensitive Questions
None of the required information in this collection is considered to be sensitive.
12.
Estimate of Hour and Cost Burden to Respondents
Table 3 calculates the burden hours and costs of this information collection to the public,
based on the following factors:
Respondent Calculation Factors
The USPTO estimates that it will receive approximately 6,620 total responses per
year for this collection and that approximately 96% of the responses will be
submitted electronically.
Burden Hour Calculation Factors
The USPTO estimates that it will take the public approximately 15 minutes to one
hour and 15 minutes (0.25 to 1.25 hours) to complete the information in this
collection, including the time to gather the necessary information, prepare the forms
or documents, and submit the completed request to the USPTO.
These estimates are based on the Agency’s long-standing institutional knowledge of
and experience with the type of information collected and the length of time
necessary to complete responses containing similar or like information.
7
Cost Burden Calculation Factors
The USPTO uses a professional rate of $371 per hour for respondent cost burden
calculations, which is the mean rate for attorneys in private firms as shown in the
2011 Report of the Economic Survey published by the American Intellectual
Property Law Association (AIPLA). Based on the Agency’s long-standing
institutional knowledge of and experience with the type of information collected, the
Agency believes $371 is an accurate estimate of the cost per hour to collect this
information.
Table 3: Burden Hour/Burden Cost to Respondents
Item
Responses
(yr)
(b)
Hours
(a)
Burden
(hrs/yr)
(c)
(a) x (b)
Rate
($/hr)
(d)
Total Cost
($/yr)
(e)
(c) x (d)
Application for International Registration (PTO-2131
TEAS)
0.25
3,900
975
$371.00
$361,725.00
Application for International Registration (paper, no
form)
0.50
20
10
$371.00
$3,710.00
Application for Subsequent Designation (PTO-2132
TEAS)
0.25
400
100
$371.00
$37,100.00
Application for Subsequent Designation (paper, no
form)
0.33
5
2
$371.00
$742.00
Response to Notice of Irregularity (PTO-2133 TEAS)
0.25
1,000
250
$371.00
$92,750.00
Response to Notice of Irregularity (paper, no form)
0.50
5
3
$371.00
$1,113.00
Replacement Request (TEAS Global form)
0.50
15
8
$371.00
$2,968.00
Replacement Request (paper, no form)
0.75
5
4
$371.00
$1,484.00
Request to Record an Assignment or Restriction of
a Holder’s Right to Dispose of an International
Registration (paper, no form)
0.50
5
3
$371.00
$1,113.00
Transformation Request (TEAS Global form)
0.25
20
5
$371.00
$1,855.00
Transformation Request (paper, no form)
0.50
10
5
$371.00
$1,855.00
Petition to Director to Review Denial of Certification
of International Application (TEAS Global form)
1.00
30
30
$371.00
$11,130.00
Petition to Director to Review Denial of Certification
of International Application (paper, no form)
1.25
5
6
$371.00
$2,226.00
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (PTO-1663
TEAS)
0.25
700
175
$371.00
$64,925.00
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (paper, no
form)
0.30
100
30
$371.00
$11,130.00
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (PTO-1683 TEAS)
0.25
300
75
$371.00
$27,825.00
8
Hours
(a)
Item
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (paper, no form)
Totals
13.
Burden
(hrs/yr)
(c)
(a) x (b)
Responses
(yr)
(b)
0.30
- - - -
Total Cost
($/yr)
(e)
(c) x (d)
Rate
($/hr)
(d)
100
30
$371.00
$11,130.00
6,620
1,711
- - - - -
$634,781.00
Total Annual (Non-hour) Cost Burden
The total annual (non-hour) respondent cost burden for this collection is estimated to be
$745,480 per year, which includes $745,250 in fees and $230 in postage.
Fees
The USPTO charges fees for processing international applications and related requests
under the Madrid Protocol as set forth in 37 CFR 7.6. In addition to these USPTO fees,
applicants must also pay international filing fees to the IB as indicated in 37 CFR 7.7. The
USPTO estimates that the total filing fees in the form of USPTO processing fees associated
with this collection will be approximately $745,250 per year as calculated in Table 4 below:
Table 4: Filing Fees to Respondents
Item
Responses
(a)
Filing Fee ($)
(b)
Total Non-hour
Cost Burden
(c)
(a) x (b)
Application for International Registration (for certifying an
international application based on a single basic application or
registration, per international class) (PTO-2131 TEAS)
2,000
$100.00
$200,000.00
Application for International Registration (for certifying an
international application based on a single basic application or
registration, per international class) (paper, no form)
10
$100.00
$1,000.00
1,900
$150.00
$285,000.00
10
$150.00
$1,500.00
400
$100.00
$40,000.00
5
$100.00
$500.00
1,000
$0.00
$0.00
5
$0.00
$0.00
15
$100.00
$1,500.00
Application for International Registration (for certifying an
international application based on more than one basic
application or registration, per international class) (PTO-2131
TEAS)
Application for International Registration (for certifying an
international application based on a single basic application or
registration, per international class) (paper, no form)
Application for Subsequent Designation (PTO-2132 TEAS)
Application for Subsequent Designation (paper, no form)
Response to Notice of Irregularity (PTO-2133 TEAS)
Response to Notice of Irregularity (paper, no form)
Replacement Request (per international class) (TEAS Global
form)
9
Item
Responses
(a)
Filing Fee ($)
(b)
Total Non-hour
Cost Burden
(c)
(a) x (b)
Replacement Request (per international class) (paper, no
form)
5
$100.00
$500.00
Request to Record an Assignment or Restriction of a Holder’s
Right to Dispose of an International Registration (paper, no
form)
5
$100.00
$500.00
Transformation Request (TEAS Global form)
20
$375.00
$7,500.00
Transformation Request (paper, no form)
10
$375.00
$3,750.00
Petition to Director to Review Denial of Certification of
International Application (TEAS Global form)
30
$100.00
$3,000.00
Petition to Director to Review Denial of Certification of
International Application (paper, no form)
5
$100.00
$500.00
Declaration of Continued Use/Excusable Nonuse of Mark in
Commerce Under Section 71 (per international class) (PTO1663 TEAS)
700
$100.00
$70,000.00
Declaration of Continued Use/Excusable Nonuse of Mark in
Commerce Under Section 71 (per international class) (paper,
no form)
100
$100.00
$10,000.00
Combined Declaration of Continued Use/Excusable Nonuse
and Incontestability Under Sections 71 and 15 (per
international class) (PTO-1683 TEAS)
300
$300.00
$90,000.00
Combined Declaration of Continued Use/Excusable Nonuse
and Incontestability Under Sections 71 and 15 (per
international class) (paper, no form)
100
$300.00
$30,000.00
6,620
- - - - - -
$745,250.00
Totals
Postage
The USPTO estimates that approximately 255 of the 6,620 total responses for this
collection may be filed on paper and submitted by mail at an average first-class postage
cost of 90 cents per submission, for a total postage cost of approximately $230 per year.
14.
Annual Cost to the Federal Government
Except for the petitions and declarations, the information in this collection is processed at
the USPTO by a combination of employees at the following levels: GS-13, step 1; GS-12,
step 1; GS-11, step 1; and GS-9, step 1. Based on the current hourly rates corresponding
to these levels, the USPTO estimates that the average cost of USPTO staff processing this
information is $43.29 per hour (average of indicated GS hourly rates is $33.30 with 30%
($9.99) added for benefits and overhead).
The petitions in this collection are processed by GS-15, step 4 employees at an estimated
cost of $84.80 per hour (GS hourly rate of $65.23 with 30% ($19.57) added for benefits and
10
overhead).
The declarations and combined declarations are processed by USPTO staff at level GS-11,
steps 5 through 7. Based on the current hourly rates, the USPTO estimates that the
average cost of USPTO staff processing this information is $45.40 per hour (average of
indicated GS hourly rates is $34.92 with 30% ($10.48) added for benefits and overhead).
The USPTO estimates that it takes the USPTO staff approximately 10 minutes to one hour
and 15 minutes (0.17 to 1.25 hours) to process the information in this collection. For
subsequent designations that are filed electronically, processing is fully automated with no
staff time required.
Table 5 calculates the burden hours and costs to the Federal Government for processing
this information collection:
Table 5: Burden Hour/Burden Cost to the Federal Government
Item
Hours
(a)
Responses
(yr)
(b)
Application for International Registration (PTO-2131
TEAS)
0.33
3,900
1,287
$43.29
$55,714.00
Application for International Registration (paper, no
form)
0.50
20
10
$43.29
$433.00
Application for Subsequent Designation (PTO-2132
TEAS)
0.00
400
0
$0.00
$0.00
Application for Subsequent Designation (paper, no
form)
0.25
5
1
$43.29
$43.00
Response to Notice of Irregularity (PTO-2133 TEAS)
0.50
1,000
500
$43.29
$21,645.00
Response to Notice of Irregularity (paper, no form)
0.75
5
4
$43.29
$173.00
Replacement Request (TEAS Global form)
0.50
15
8
$43.29
$346.00
Replacement Request (paper, no form)
0.60
5
3
$43.29
$130.00
Request to Record an Assignment or Restriction of
a Holder’s Right to Dispose of an International
Registration (paper, no form)
0.33
5
2
$43.29
$87.00
Transformation Request (TEAS Global form)
0.50
20
10
$43.29
$433.00
Transformation Request (paper, no form)
0.60
10
6
$43.29
$260.00
Petition to Director to Review Denial of Certification
of International Application (TEAS Global form)
1.00
30
30
$84.80
$2,544.00
Petition to Director to Review Denial of Certification
of International Application (paper, no form)
1.25
5
6
$84.80
$509.00
11
Burden
(hrs/yr)
(c)
(a) x (b)
Rate
($/hr)
(d)
Total Cost
($/yr)
(e)
(c) x (d)
Item
Hours
(a)
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (PTO-1663
TEAS)
0.17
700
119
$45.40
$5,403.00
Declaration of Continued Use/Excusable Nonuse of
Mark in Commerce Under Section 71 (paper, no
form)
0.25
100
25
$45.40
$1,135.00
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (PTO-1683 TEAS)
0.17
300
51
$45.40
$2,315.00
Combined Declaration of Continued Use/Excusable
Nonuse and Incontestability Under Sections 71 and
15 (paper, no form)
0.25
100
25
$45.40
$1,135.00
6,620
2,087
- - - -
$92,305.00
Totals
15.
Responses
(yr)
(b)
- - - -
Burden
(hrs/yr)
(c)
(a) x (b)
Rate
($/hr)
(d)
Total Cost
($/yr)
(e)
(c) x (d)
Summary of Changes in Burden
OMB previously approved this information collection in June 2009 with a total of 5,330
responses, 1,347 burden hours, and $529,701 in annual (non-hour) costs. There have
been no interim approvals.
For this renewal, the USPTO estimates that the total annual responses will be 6,620 and
the total burden hours will be 1,711, which is an increase of 1,290 responses and 364
hours from the currently approved burden for this collection. This increase in responses
and burden hours is due to program changes and administrative adjustments.
The total annual (non-hour) cost burden for this renewal of $745,480 is an increase of
$215,779 from the currently approved total of $529,701 in annual costs for this collection.
This increase in annual costs is due to program changes and administrative adjustments.
Change in Respondent Cost Burden
The total respondent cost burden has increased by $217,211, from $417,570 to $634,781,
from the submission of this collection that was approved in June 2009, due to:
Increases in estimated hourly rates. The submission approved in June 2009
used an estimated median rate of $310 per hour for attorneys to prepare the items
in this collection. For the current renewal, the USPTO is using an updated
estimated mean rate of $371 per hour for attorneys. (The 60-Day Notice that was
published for this renewal used an estimated median rate of $340 for attorneys.)
12
Increases in estimated burden hours. The total estimated burden hours have
increased from 1,347 approved in June 2009 to 1,711 for the current renewal due to
increases in the estimated total annual responses for this collection and changes in
the estimated time per response for some information requirements.
Changes in Responses and Burden Hours
For this renewal, the USPTO estimates that the total annual responses will increase by
1,290 (from 5,330 to 6,620) and the total burden hours will increase by 364 (from 1,347 to
1,711) from the currently approved burden for this collection due to program changes and
administrative adjustments, as follows:
Program Changes (increase of 1,200 responses and 310 hours):
Increase of 700 estimated annual responses for the Declaration of Continued
Use/Excusable Nonuse of Mark in Commerce Under Section 71 (PTO-1663 TEAS);
a burden increase of 175 hours. No response estimates or burden hours were
provided for this item in the previous 2009 submission because collection of this
item did not begin until February 2010.
Increase of 100 estimated annual responses for the Declaration of Continued
Use/Excusable Nonuse of Mark in Commerce Under Section 71 (paper, no form)
and revised the time estimate per response from 15 minutes to 18 minutes; a
burden increase of 30 hours. No response estimates or burden hours were
provided for this item in the previous 2009 submission because collection of this
item did not begin until February 2010.
Increase of 300 estimated annual responses for adding the Combined
Declaration of Continued Use/Excusable Nonuse and Incontestability Under
Sections 71 and 15 (PTO-1683 TEAS); a burden increase of 75 hours.
Increase of 100 estimated annual responses for adding the Combined
Declaration of Continued Use/Excusable Nonuse and Incontestability Under
Sections 71 and 15 (paper, no form); a burden increase of 30 hours.
Administrative Adjustments (increase of 90 responses and 54 hours):
Increase of 39 estimated annual responses for the Application for International
Registration (PTO-2131 TEAS); a burden increase of 10 hours.
Decrease of 19 estimated annual responses for the Application for International
Registration (paper, no form) and revised the time estimate per response from 15
minutes to 30 minutes; no net change in burden hours.
13
Increase of 4 estimated annual responses for the Application for Subsequent
Designation (PTO-2132 TEAS); a burden increase of 1 hour.
Increase of 1 estimated annual response for the Application for Subsequent
Designation (paper, no form) and revised the time estimate per response from 15
minutes to 20 minutes; a burden increase of 1 hour.
Increase of 10 estimated annual responses for the Response to Notice of
Irregularity (PTO-2133 TEAS); a burden increase of 3 hours.
Decrease of 5 estimated annual responses for the Response to Notice of
Irregularity (paper, no form) and revised the time estimate per response from 15
minutes to 30 minutes; no net change in burden hours.
Increase of 13 estimated annual responses for the Replacement Request (TEAS
Global form); a burden increase of 7 hours.
Increase of 3 estimated annual responses for the Replacement Request (paper,
no form) and revised the time estimate per response from 30 minutes to 45 minutes;
a burden increase of 3 hours.
No change in estimated annual responses or burden hours for the Request to
Record an Assignment or Restriction of a Holder’s Right to Dispose of an
International Registration (paper, no form).
Increase of 17 estimated annual responses for the Transformation Request
(TEAS Global form); a burden increase of 4 hours.
Increase of 7 estimated annual responses for the Transformation Request
(paper, no form) and revised the time estimate per response from 15 minutes to 30
minutes; a burden increase of 4 hours.
Increase of 22 estimated annual responses for the Petition to Director to Review
Denial of Certification of International Application (TEAS Global form); a burden
increase of 22 hours.
Decrease of 2 estimated annual responses for the Petition to Director to Review
Denial of Certification of International Application (paper, no form) and revised the
time estimate per response from 1 hour to 1 hour and 15 minutes; a burden
decrease of 1 hour.
14
Changes in Annual (Non-hour) Costs
For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase
by $215,779 (from $529,701 to $745,480) due to program changes and administrative
adjustments, as follows:
Program Changes (increase of $200,180):
Increase of $200,000. This collection is currently approved with a total of $529,650
in fees payable to the USPTO for processing Applications for International
Registration and related requests under the Madrid Protocol. For this renewal, the
USPTO estimates that total fees will increase to $745,250 due to several factors,
including an increase of $200,000 associated with Declarations of Continued
Use/Excusable Nonuse of Mark in Commerce Under Section 71 (an approved item
that did not include any fee burden in the previous 2009 renewal because collection
of this item did not begin until 2010) and Combined Declarations of Continued
Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (a new item
being added to this collection).
Increase of $180. This collection is currently approved with a total of $51 in
postage costs associated with mailing responses to the USPTO. For this
submission, the USPTO estimates that the postage costs for mailed items will
increase to $230 due to several factors, including an increase of $180 associated
with mailing Declarations of Continued Use/Excusable Nonuse of Mark in
Commerce Under Section 71 and Combined Declarations of Continued
Use/Excusable Nonuse and Incontestability Under Sections 71 and 15.
Administrative Adjustments (increase of $15,599):
Increase of $15,600. This collection is currently approved with a total of $529,650
in fees payable to the USPTO for processing Applications for International
Registration and related requests under the Madrid Protocol. For this renewal, the
USPTO estimates that total fees will increase to $745,250 due to several factors,
including an increase of $15,600 associated with adjustments to estimated
responses for several items in this collection.
Decrease of $1. This collection is currently approved with a total of $51 in postage
costs associated with mailing responses to the USPTO. For this submission, the
USPTO estimates that the postage costs for mailed items will increase to $230 due
to several factors, including a net decrease of $1 associated with several items in
this collection. Although the estimated average postage cost has increased from 75
cents to 90 cents per mailed submission, the estimated number of mailed
submissions (other than Declarations of Continued Use/Excusable Nonuse of Mark
in Commerce Under Section 71 and Combined Declarations of Continued
15
Use/Excusable Nonuse and Incontestability Under Sections 71 and 15) has
decreased.
16.
Project Schedule
The USPTO does not intend to publish this information for statistical use.
17.
Display of Expiration Date of OMB Approval
The forms in this information collection will display the OMB Control Number and the
expiration date of OMB approval.
18.
Exceptions to the Certificate Statement
This collection of information does not include any exceptions to the certificate statement.
B.
COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection of information does not employ statistical methods.
16
| File Type | application/pdf |
| File Title | Microsoft Word - 0651-0051-SupStmt-Sep2012-final.doc |
| File Modified | 2012-09-18 |
| File Created | 2012-09-18 |