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 who use their marks, or intend to use their marks, in commerce regulated by Congress may file an application with the USPTO to register their marks. Registered marks remain on the register indefinitely, so long as the owner of the registration files the necessary maintenance documents.
This information collection addresses submissions required by the regulations at 37 CFR part 2 for initial applications regarding the registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks. These regulations also mandate that each registered mark appear in the principle register or supplemental register, and that each 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. The Federal trademark registration process may thereby reduce the number of filings between both litigating parties and the courts.
Changes in Responses and Burden Hours
For this renewal, the USPTO estimates that the annual responses will increase by 69,238 (from 437,599 to 506,837) and the total burden hours will increase by 164,334 (from 213,496 to 377,830) from the currently approved burden for this information collection.
Changes in Respondent Cost Burden
The total respondent cost burden for this information collection has increased by $57,621,348 (from $93,510,652 to $151,132,000 from the previous approval of this information collection:
⢠Increase in estimated hourly rates. The previous renewal used an estimated rate of $438 per hour for respondents to this information collection, which was the estimated attorney rate at the time. For the current renewal, the USPTO is using an updated hourly rate of $400 for attorneys.
⢠Increases in estimates burden hours. The total estimated burden hours have increased from 213,496 in the previous approval to 377,830 for the current renewal due to overall increases in the estimated annual responses for this information collection.
Changes in Annual (Non-hour) Costs
For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase by $42,165,432 (from $110,829,100 to $152,994,532). This change is due to administrative adjustments.
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:
(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;
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.
Use-Based Trademark/Service Mark Applications (TEAS Standard)