Post Registration (Trademark Processing)

Forms and Documents

Document Name	Status
Form PTO Form 1563 Declaration of Use of Mark in Commerce Under Section 8 Form and Instruction	Modified
Form No Form Number Response to Office Action for Post-Registration Matters (TEAS Global) Form and Instruction	Modified
Form PTO Form 1583 Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15 (TEAS) Form and Instruction	Modified
Form PTO Form 1583 Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15 Form and Instruction	Modified
Form PTO Form 1573 Declaration of Incontestability of a Mark Under Section 15 (TEAS) Form and Instruction	Modified
Form PTO Form 1963 Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9 (TEAS) Form and Instruction	Modified
Form PTO Form 1963 Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9 Form and Instruction	Modified
Form PTO Form 1563 Declaration of Use of a Mark in Commerce Under Section 8 (TEAS) Form and Instruction	Modified
Form PTO-1597 Section 7 Request (TEAS) Form and Instruction	Modified
0055 Supporting Statement June 2015.docx Supporting Statement A	2015-06-10
USPTO-newinfoqualityguide.pdf Supplementary Document	2008-02-05

IC Document Collections

IC ID	Document Title	Status
4783	Declaration of Use of Mark in Commerce Under Section 8 Form and Instruction	Modified
216720	Section 12(c) Affidavit	New
216719	Section 12(c) Affidavit (TEAS Global)	New
216718	Request to Divide Registration	New
216717	Request to Divide Registration (TEAS Global)	New
216715	Section 7 Request	New
216714	Surrender of Registration for Cancellation (TEAS Global)	New
196062	Response to Office Action for Post-Registration Matters	Modified
196061	Response to Office Action for Post-Registration Matters (TEAS Global) Form and Instruction	Modified
188995	Surrender of Registration for Cancellation	Modified
188994	Amendments and Corrections	Removed
188993	Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15 (TEAS) Form and Instruction	Modified
188992	Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15 Form and Instruction	Modified
188991	Declaration of Incontestability of a Mark Under Section 15 (TEAS) Form and Instruction	Modified
188990	Declaration of Incontestability of a Mark Under Section 15	Modified
188989	Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9 (TEAS) Form and Instruction	Modified
188988	Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9 Form and Instruction	Modified
188986	Declaration of Use of a Mark in Commerce Under Section 8 (TEAS) Form and Instruction	Modified
183699	Section 7 Request (TEAS) Form and Instruction	Modified

ICR Details

OMB Control No: 0651-0055	ICR Reference No: 201505-0651-008
Status: Historical Active	Previous ICR Reference No: 201205-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Registration (Trademark Processing)
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: 07/30/2015
	Date Received in OIRA: 06/11/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2018	36 Months From Approved	07/31/2015
Responses	185,047	0	127,636
Time Burden (Hours)	43,096	0	17,951
Cost Burden (Dollars)	54,392,518	0	41,793,847

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Abstract: The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 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 their marks with the USPTO. Such individuals and businesses may also submit various communications to the USPTO, including requests to amend their registrations to delete goods or services that are no longer being used by the registrant. Registered marks remain on the register for ten years and can be renewed, but will be cancelled unless the owner files with the USPTO a declaration attesting to the continued use (or excusable non-use) of the mark in commerce, and a renewal application, within specific deadlines. Applicants may also request to amend or divide a registration, respond to a post-registration Office action, and surrender a registration. The rules implementing the Act are set forth in 37 CFR part 2. These rules mandate that each register entry include the mark, the goods and/or services in connection with which the mark is used, ownership information, dates of use, and certain other information. The USPTO also provides similar information concerning pending applications. The register and pending application information may be accessed by an individual or by businesses to determine the availability of a mark. By accessing the USPTO's information, parties may reduce the possibility of initiating use of a mark previously adopted by another. Thus, the Federal trademark registration process may reduce unnecessary litigation and its accompanying costs and burdens.

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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:
	80 FR 14970	03/20/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 32537	06/09/2015
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

IC Title	Form No.	Form Name
Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9 (TEAS)	PTO Form 1963	TEAS Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Section 7 Request (TEAS)	PTO-1597	Section 7 Request
Declaration of Use of Mark in Commerce Under Section 8	PTO Form 1563	Declaration of Use of Mark in Commerce Under Section 8
Declaration of Use of a Mark in Commerce Under Section 8 (TEAS)	PTO Form 1563	Declaration of Use of Mark in Commerce Under Section 8
Declaration of Incontestability of a Mark Under Section 15
Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9	PTO Form 1963	Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Response to Office Action for Post-Registration Matters
Response to Office Action for Post-Registration Matters (TEAS Global)	No Form Number	Response to Office Action for Post-Registration Matters
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15	PTO Form 1583	Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15 (TEAS)	PTO Form 1583	TEAS Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Declaration of Incontestability of a Mark Under Section 15 (TEAS)	PTO Form 1573	Declaration of Incontestability of a Mark Under Section 15
Surrender of Registration for Cancellation
Section 7 Request
Request to Divide Registration (TEAS Global)
Section 12(c) Affidavit (TEAS Global)
Surrender of Registration for Cancellation (TEAS Global)
Request to Divide Registration
Section 12(c) Affidavit
Amendments and Corrections

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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	185,047	127,636	0	-2,562	59,973	0
Annual Time Burden (Hours)	43,096	17,951	0	-1,729	26,874	0
Annual Cost Burden (Dollars)	54,392,518	41,793,847	0	-258,401	12,857,072	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: Yes

Burden Reduction Due to: Changing Forms

Short Statement: The "Amendments and Corrections" IC items was removed from this list, as it is no longer an IC item required by or covered by this collection. The removal of this item caused a burden decrease that contributed to the decline in program change due to agency discretion. The "Request to Divide Registration" (both the TEAS Global and the paper versions) is a new IC item for this collection, which caused a burden increase that factored into the overall program change due to agency discretion. The "Section 12(c) Affidavit" (both the TEAS Global and the paper versions) is a new IC item for this collection, which caused a burden increase that factored into the overall program change due to agency discretion.

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Annual Cost to Federal Government: $800,058

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: 06/11/2015

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