0651-0054 June 2017 CWS

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Substantive Submissions Made During the Prosecution

of the Trademark Application

OMB Control Number 0651-0054

Background

This collection of information is required by the Trademark Act, 15 U.S.C. § 1051 et seq., which provides for the registration of trademarks, service marks, collective trademarks and collective 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 United States Patent and Trademark Office (USPTO).

The request is to update this collection to cover rulemaking RIN 0651-AC41. That rulemaking action amends the rules regarding petitions to revive abandoned trademark applications and other petitions. It also codifies USPTO practices regarding handling of requests for reinstatement. As a part of these rules USPTO is changing its review practices and which no longer requires the due diligence petition.

Respondents

Item	Currently Approved Respondents	Proposed Respondents	Respondent Decrease
Due Diligence Petition under Trademark Rule 2.66 (Paper)	2	0	-2
Due Diligence Petition under Trademark Rule 2.66 (TEAS)	130	0	-130
Totals	---	---	-132

Hourly Burden

Item	Currently Approved Hourly Burden	Proposed Burden	Respondent Decrease
Due Diligence Petition under Trademark Rule 2.66 (Paper)	1	0	-1
Due Diligence Petition under Trademark Rule 2.66 (TEAS)	43	0	-43
Totals	---	---	-44

Fees

Item	Currently Approved Fees	Proposed Fees	Fee Decrease
Due Diligence Petition under Trademark Rule 2.66 (Paper)	$201	$0	-$201
Due Diligence Petition under Trademark Rule 2.66 (TEAS)	$13,000	$0	-$13,000
Totals	---	---	-$13,201

Summary of Changes

The decrease of 132 respondents, 44 burden hours, and $13,201 in fees within collection 0651-0054 is on account of the changes following the rulemaking action RIN 0651-AC41.

Changes in Burden

Burden Type	Currently Approved	Proposed Change	New Estimate
Respondents	290,644	-132	290,512
Hourly Time Burden	63,293	-44	63,249
Fees	$37,612,244	-$13,201	$37,599,043

The 0651-0054 revised total burden is as follows:

• 290,512 respondents

• $37,599,043 048 in annual (non-hour) fees