0055 CWS October 2016

0651-0055 CWS October 2016 Final.docx

Post Registration (Trademark Processing)

0055 CWS October 2016

OMB: 0651-0055

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JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Post Registration (Trademark Processing)

OMB Control Number 0651-0055


Background


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.

The request is to update the fees attached to this collection that are affected by the rulemaking NPRM 0651-AD08, and also to incorporate fees were not counted in previous approvals. Respondent numbers are also changing due to agency discretion in conjunction with the rule. There are 26 fees being added to this collection that were not previously counted.


The incorporation of these fees will affect the number of respondents for certain items, resulting in an increase in hourly burden and cost. These changes reflect the general shift and agency incentives towards electronic filing, and away from paper filing. The change in respondents and hourly burden are listed in Tables 1, 2, and 3 below.


Table 1: Hourly Burden Respondent Increase

IC No.

Item

Current annual responses


Proposed Annual Responses

Increase in Responses

1

Declaration of Use of Mark in Commerce Under Section 8 (TEAS)

16,456

18,697

2,241

1

Declaration of Use of Mark in Commerce Under Section 8 (Paper)

336

79

-257

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (TEAS)

75,902

89,775

13,873

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (Paper)

1,549

378

-1,171

3

Declaration of Incontestability of a Mark Under Section 15 (TEAS)

823

1,529

706

3

Declaration of Incontestability of a Mark Under Section 15 (paper)

17

8

-9

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (TEAS)

65,825

78,530

12,705

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (Paper)

1,343

331

-1,012


Total



27,076


Table 2: Burden Hour Increase

IC No.

Item

Current annual burden hours

Proposed Annual Burden Hours

Burden Hours Increase

1

Declaration of Use of Mark in Commerce Under Section 8 (TEAS)

3,291.20

3,739.40

448.20

1

Declaration of Use of Mark in Commerce Under Section 8 (Paper)

112.00

26.33

-85.67

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (TEAS)

16,445.43

19,451.25

3,005.82

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (Paper)

516.33

126.00

-390.33

3

Declaration of Incontestability of a Mark Under Section 15 (TEAS)

68.58

127.42

58.84

3

Declaration of Incontestability of a Mark Under Section 15 (paper)

2.83

1.33

-1.50

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (TEAS)

13,165.00

15,706.00

2,541.00

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (Paper)

447.67

110.33

-337.34


Total



5,239.02


Table 3: Respondent Cost Increase

IC No.

Item

Current Total Cost ($)

Proposed Cost Total

Cost Total Increase

1

Declaration of Use of Mark in Commerce Under Section 8 (TEAS)

$1,280,276.80

$1,454,626.60

$174,349.80

1

Declaration of Use of Mark in Commerce Under Section 8 (Paper)

$43,568.00

$10,242.37

-$33,325.63

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (TEAS)

$6,397,273.57

$7,566,536.25

$1,169,262.68

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (Paper)

$200,853.67

$49,014.00

-$151,839.67

3

Declaration of Incontestability of a Mark Under Section 15 (TEAS)

$26,678.92

$49,566.38

$22,887.46

3

Declaration of Incontestability of a Mark Under Section 15 (paper)

$1,102.17

$517.37

-$584.80

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (TEAS)

$5,121,185.00

$6,109,634.00

$988,449.00

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (Paper)

$174,142.33

$42,918.37

-$131,223.96


Total

---

---

$2,037,974.88


The Fee Rule respondent estimates will also impact the number of non-hourly cost for some existing fees, which are listed in Table 4.


Table 4: Non-hourly cost increase for existing fees

IC No.

Item

Current Total Cost ($)

Proposed Cost Total

Cost Total Increase

1

Declaration of Use of Mark in Commerce Under Section 8 (TEAS)

$1,645,600.00

$1,869,700.00

$224,100.00

1

Declaration of Use of Mark in Commerce Under Section 8 (Paper)

$33,600.00

$7,900.00

-$25,700.00

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (TEAS)

$30,360,800.00

$35,910,000.00

$5,549,200.00

2

Combined Declaration of Use of Mark in Commerce and Application for Renewal of Registration of a Mark Under Section 8 & 9 (Paper)

$774,500.00

$189,000.00

-$585,500.00

3

Declaration of Incontestability of a Mark Under Section 15 (TEAS)

$164,600.00

$305,800.00

$141,200.00

3

Declaration of Incontestability of a Mark Under Section 15 (paper)

$3,400.00

$1,600.00

-$1,800.00

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (TEAS)

$19,747,500.00

$23,559,000.00

$3,811,500.00

4

Combined Declaration of Use and Incontestability Under Section 8 and 15 (Paper)

$402,900.00

$99,300.00

-$303,600.00


Total

---

---

$8,809,400.00



The proposed 26 fees, along with their corresponding estimated responses and non-hourly burden are listed in the table below.


Table 5: Non-hour Burden for Proposed Fees

Item

Proposed Respondents

Proposed Fee

Proposed Non-hour burden ($)

Application for Renewal (Electronic)

78,371

$300

$23,511,300

Application for Renewal (Paper)

538

$500

$269,000

Correcting a Deficiency in a Renewal Application (Electronic)

97

$100

$9,700

Correcting a Deficiency in a Renewal Application (Paper)

3

$200

$600

Filing Section 8 Affidavit (Electronic)

169,282

$150

$25,392,300

Filing Section 8 Affidavit (Paper)

787

$250

$196,750

Additional Fee for Filing a Section 8 Affidavit During the Grace Period (Electronic)

17,688

$100

$1,768,800

Additional Fee for Filing a Section 8 Affidavit During the Grace Period (Paper)

82

$200

$16,400

For Correcting a Deficiency in a Section 8 Affidavit (Electronic)

1,128

$100

$112,800

For Correcting a Deficiency in a Section 8 Affidavit (Paper)

17

$200

$3,400

Filing Section 15 Affidavit (Electronic)

76,453

$200

$15,290,600

Filing Section 15 Affidavit (Paper)

357

$300

$107,100

Filing to Publish a Mark Under Section 12(C) (Electronic)

1

$100

$100

Filing to Publish a Mark Under Section 12(C) (Paper)

1

$200

$200

Issuing New Certificate of Registration (Electronic)

2

$100

$200

Issuing New Certificate of Registration (Paper)

5

$200

$1,000

Certificate of Correction, Registrant’s Error (Electronic)

3,820

$100

$382,000

Certificate of Correction, Registrant’s Error, Paper

4

$200

$800

Filing Disclaimer to Registration (Electronic)

1

$100

$100

Filing Disclaimer to Registration (Paper)

1

$200

$200

Filing Amendment to Registration (Electronic)

67

$100

$6,700

Filing Amendment to Registration (Paper)

53

$200

$10,600

Correcting a Deficiency in an Affidavit Under Section 71 of the Act (Electronic)

1

$100

$100

Correcting a Deficiency in an Affidavit Under Section 71 of the Act (Paper)

1

$200

$200

Additional Fee for Filing a Renewal During the Grace Period (Electronic)

7,770

$100

$777,000

Additional Fee for Filing a Renewal During the Grace Period (Paper)

1

$200

$200

Totals

356,531

---

$67,858,150


Summary of Changes


The addition of 26 fees, 383,607 in non-hourly and hourly responses, 5,239.02 burden hours, $2,037,974.88 in the hourly cost burden, and $131,060,068.33 in non-hourly costs to collection 0651-0055 account for the changes following the rulemaking action NPRM 0651-AD08.


Changes in Burden


Burden Type

Currently Approved

Proposed Change

New Estimate

Respondents

185,047

383,607

568,654

Hourly Burden

43,095.72

5,239.02

48,334.73

Hourly Cost Burden

$16,764,233.78

$2,037,974.88

$18,802,208.66

Non-hour costs

$54,392,518.33

$76,667,550.00

$131,060,068.33


The 0651-0055 revised total burden is as follows:


  • 568,654 respondents

  • 48,334.73 burden hours

  • $18,802,208.66 hourly cost burden

  • $131,060,068.33 in annual (non-hour) costs



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