Madrid Protocol

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO-2131 Application for International Registration	Form and Instruction	Unchanged	Repair queued
Form MM4 Designation Subsequent to the International Registration	Form	New	Repair queued
Form MM2 Application for International Registration Governed Exclusively by the Madrid Protocol	Form	New	Available
Form PTO-1683 Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15	Form and Instruction	Modified	Available
Form PTO-1663 Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71	Form and Instruction	Modified	Repair queued
Form PTO-2133 Response to Notice of Irregularity	Form and Instruction	Unchanged	Available
Form PTO-2132 Application for Subsequent Designation	Form and Instruction	Unchanged	Available
0651-0051 CWS October 2016 Final.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2016-10-21	Available
0651-USPTO-Information-Quality-Guidelines-Dec2009.pdf	Supplementary Document	Uploaded 2015-11-24	Available
0051 Supporting Statement Nov 2015.docx	Supporting Statement A	Uploaded 2015-11-24	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
4779	Application for International Registration (TEAS)	Form and Instruction	Unchanged	Application for International Registration
223198	Affidavit Under §71 of the Act During the Grace Period (paper)		New
223163	Affidavit Under §71 of the Act During the Grace Period (electronic)		New
223147	Subsequent Designation at WIPO	Form	New	Designation Subsequent to the International Registration
223146	Application Filed at WIPO	Form	New	Application for International Registration Governed Exclusively by the Madrid Protocol
201642	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (paper)		Unchanged
201641	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (TEAS)	Form and Instruction	Modified	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
201640	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (paper)		Modified
201639	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (TEAS)	Form and Instruction	Modified	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
201638	Petition to Director to Review Denial of Certification of International Application (paper)		Unchanged
201637	Transformation Request (paper)		Unchanged
201635	Replacement Request (paper)		Modified
201634	Response to Notice of Irregularity (paper)		Unchanged
201633	Application for Subsequent Designation (paper)		Modified
201632	Application for International Registration (paper)		Modified
188795	Petition to Director to Review Denial of Certification of International Application (TEAS)	Other-TEAS Global Form	Unchanged
188792	Transformation Request (TEAS)	Other-TEAS Global Form	Unchanged
188791	Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper)		Modified
188790	Replacement Request (TEAS)	Other-TEAS Global Form	Unchanged
188789	Response to Notice of Irregularity (TEAS)	Form and Instruction	Unchanged	Response to Notice of Irregularity
188788	Application for Subsequent Designation (TEAS)	Form and Instruction	Unchanged	Application for Subsequent Designation

ICR Details

OMB Control No: 0651-0051	ICR Reference No: 201608-0651-005
Status: Historical Active	Previous ICR Reference No: 201508-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Madrid Protocol
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/17/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/27/2016
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2018	12/31/2018	12/31/2018
Responses	46,363	0	16,557
Time Burden (Hours)	5,190	0	4,921
Cost Burden (Dollars)	13,813,980	0	2,175,480

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Abstract: 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. 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.

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Authorizing Statute(s): US Code: 15 USC 1141a, b, d, j(c), k, l, n
   US Code: 15 USC 1065
  

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 52455	08/30/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 72421	11/19/2015
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 21

table that charts list of burden

IC Title	Form No.	Form Name
Affidavit Under §71 of the Act During the Grace Period (electronic)
Affidavit Under §71 of the Act During the Grace Period (paper)
Application Filed at WIPO	MM2	Application for International Registration Governed Exclusively by the Madrid Protocol
Application for International Registration (TEAS)	PTO-2131	Application for International Registration
Application for International Registration (paper)
Application for Subsequent Designation (TEAS)	PTO-2132	Application for Subsequent Designation
Application for Subsequent Designation (paper)
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (TEAS)	PTO-1683	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (paper)
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (TEAS)	PTO-1663	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (paper)
Petition to Director to Review Denial of Certification of International Application (TEAS)
Petition to Director to Review Denial of Certification of International Application (paper)
Replacement Request (TEAS)
Replacement Request (paper)
Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper)
Response to Notice of Irregularity (TEAS)	PTO-2133	Response to Notice of Irregularity
Response to Notice of Irregularity (paper)
Subsequent Designation at WIPO	MM4	Designation Subsequent to the International Registration
Transformation Request (TEAS)
Transformation Request (paper)

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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	46,363	16,557	0	29,806	0	0
Annual Time Burden (Hours)	5,190	4,921	0	269	0	0
Annual Cost Burden (Dollars)	13,813,980	2,175,480	0	11,638,500	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The request is to update the fees attached to this collection that are affected by the rulemaking NPRM 0651-AD08. Respondent numbers are also changing due to agency discretion in conjunction with the rule.

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Annual Cost to Federal Government: $205,689

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: 10/27/2016

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