Trademark Trial and Appeal Board (TTAB) Actions

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO 2153 Extension of Time to file an Opposition	Form and Instruction	Modified	Available
Form PTO 2189 Ex Parte Appeal (General Filing)	Form and Instruction	Removed	Available
Form PTO 2190 Notice of Appeal	Form and Instruction	Removed	Available
Form PTO 2151 Inter Parte Form	Form and Instruction	Removed	Available
Form PTO 2189 Ex Parte Appeal (General Filing)	Form and Instruction	Modified	Available
Form PTO 2190 Notice of Appeal	Form and Instruction	Modified	Available
Form PTO 2189 Ex Parte Appeal (General Filing)	Form and Instruction	Modified	Available
Form PTO 2190 Notice of Appeal	Form and Instruction	Modified	Available
Form PTO 2151 Submissions in Inter Partes Cases	Form and Instruction	Modified	Available
Form PTO 2120 Notice of Opposition	Form and Instruction	Modified	Available
Form PTO 2188 Petition for Cancellation	Form and Instruction	Modified	Available
Form PTO 2151 Submissions in Inter Partes Cases	Form and Instruction	Modified	Available
Form PTO 2120 Notice of Opposition	Form and Instruction	Modified	Available
Form PTO 2188 Petition for Cancellation	Form and Instruction	Modified	Available
Form PTO 2153 Extension of Time to file an Opposition	Form and Instruction	Modified	Available
0651-0040 Supporting Statement final.docx	Supporting Statement A	Uploaded 2020-07-29	Available
Trademark Act, 15 U.S.C. § 1051 (1946).pdf	Supplementary Document	Uploaded 2020-07-10	Available
Information Quality Guidelines _ USPTO.pdf	Supplementary Document	Uploaded 2020-07-10	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
37421	Extension of Time to File an Opposition: Private Sector	Form and Instruction	Modified	Extension of Time to file an Opposition
182150	Electronic Miscellaneous Ex Parte Papers	Form and Instruction	Removed	Ex Parte Appeal (General Filing)
182149	Miscellaneous Ex Parte Papers		Removed
182148	Electronic Notice of Appeal	Form and Instruction	Removed	Notice of Appeal
182147	Notice of Appeal		Removed
182146	Electronic Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration, abandonment	Form and Instruction	Removed	Inter Parte Form
182143	Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration		Removed
182092	Miscellaneous Ex Parte Papers: Individuals and Households	Form and Instruction	Modified	Ex Parte Appeal (General Filing)
182092	Miscellaneous Ex Parte Papers: Individuals and Households	Form and Instruction	Modified	Notice of Appeal
182091	Miscellaneous Ex Parte Papers: Private Sector	Form and Instruction	Modified	Ex Parte Appeal (General Filing)
182091	Miscellaneous Ex Parte Papers: Private Sector	Form and Instruction	Modified	Notice of Appeal
182090	Papers in Inter Partes Cases: Individuals and Households	Form and Instruction	Modified	Submissions in Inter Partes Cases
182090	Papers in Inter Partes Cases: Individuals and Households	Form and Instruction	Modified	Notice of Opposition
182090	Papers in Inter Partes Cases: Individuals and Households	Form and Instruction	Modified	Petition for Cancellation
182089	Papers in Inter Partes Cases: Private Sector	Form and Instruction	Modified	Submissions in Inter Partes Cases
182089	Papers in Inter Partes Cases: Private Sector	Form and Instruction	Modified	Notice of Opposition
182089	Papers in Inter Partes Cases: Private Sector	Form and Instruction	Modified	Petition for Cancellation
182088	Extension of Time to File an Opposition: Individuals and Households	Form and Instruction	Modified	Extension of Time to file an Opposition

ICR Details

OMB Control No: 0651-0040	ICR Reference No: 202007-0651-001
Status: Historical Active	Previous ICR Reference No: 201705-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Trademark Trial and Appeal Board (TTAB) Actions
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: 09/30/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/31/2020
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	36 Months From Approved	09/30/2020
Responses	83,100	0	78,000
Time Burden (Hours)	21,133	0	15,994
Cost Burden (Dollars)	6,611,606	0	5,766,232

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Abstract: The United States Patent and Trademark Office (USPTO) administers, under the Trademark Act pursuant to 37 CFR Part 2, the various rules that govern the filing of petitions to cancel the registration of a mark, notices of opposition to the registration of a mark, extensions of time to file an opposition, appeals, and other submissions filed in connection with inter partes and ex parte proceedings. These petitions, notices, extensions, and additional submissions are filed with the Trademark Trial and Appeal Board (TTAB). The TTAB decides inter partes cases and ex parte appeals. The TTAB is an administrative tribunal empowered to determine the right to register as the issue may be presented in such cases. The Chief Administrative Trademark Judge, Deputy Chief Administrative Trademark Judge and administrative trademark judges decide proceedings filed with the TTAB. A panel of three judges decides each case when it is ready for final decision on the merits. The TTAB follows the Federal Rules of Civil Procedure when applicable, and the “Trademark Rules” in 37 CFR Part 2.

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Authorizing Statute(s): US Code: 15 USC 1063 Name of Law: Trademark Act of 1946
  

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:
	85 FR 31474	05/26/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 45868	07/30/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

table that charts list of burden

IC Title	Form No.	Form Name
Papers in Inter Partes Cases: Individuals and Households	PTO 2188, PTO 2120, PTO 2151	Petition for Cancellation ,   Notice of Opposition ,   Submissions in Inter Partes Cases
Electronic Miscellaneous Ex Parte Papers	PTO 2189	Ex Parte Appeal (General Filing)
Electronic Notice of Appeal	PTO 2190	Notice of Appeal
Electronic Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration, abandonment	PTO 2151	Inter Parte Form
Extension of Time to File an Opposition: Individuals and Households	PTO 2153	Extension of Time to file an Opposition
Extension of Time to File an Opposition: Private Sector	PTO 2153	Extension of Time to file an Opposition
Miscellaneous Ex Parte Papers
Miscellaneous Ex Parte Papers: Individuals and Households	PTO 2190, PTO 2189	Notice of Appeal ,   Ex Parte Appeal (General Filing)
Miscellaneous Ex Parte Papers: Private Sector	PTO 2190, PTO 2189	Notice of Appeal ,   Ex Parte Appeal (General Filing)
Notice of Appeal
Papers in Inter Partes Cases (answers, amendments to pleadings, amendment of application or registration during proceeding, motions, evidence, briefs, surrender of registration
Papers in Inter Partes Cases: Private Sector	PTO 2120, PTO 2151, PTO 2188	Petition for Cancellation ,   Notice of Opposition ,   Submissions in Inter Partes Cases

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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	83,100	78,000	0	0	5,100	0
Annual Time Burden (Hours)	21,133	15,994	0	0	5,139	0
Annual Cost Burden (Dollars)	6,611,606	5,766,232	0	0	845,374	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: These changes are due to adjustments from updated annual response estimates. • Increase of 5,100 in estimated number of responses resulting in an increase of 5,139 estimated burden hours. These estimates are based on the Agency’s long-standing institutional knowledge of and experience with the type of information collected by these items and the internal submission statistics showing increasing responses. • Increase of $845,374 in non-hour cost burdens. These changes are due to an increase in agency estimates. For this renewal, the USPTO estimates that total fees will be $6,611,300 and $306 in postage costs.

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Annual Cost to Federal Government: $115,346

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

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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: 07/31/2020

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