Substantive Submissions Made During Prosecution of the Trademark Application
Revision of a currently approved collection
No
Regular
12/31/2020
Requested
Previously Approved
36 Months From Approved
01/31/2021
337,382
375,132
211,639
101,466
39,702,140
42,665,447
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 mark with the USPTO. Such individuals and businesses may also submit various communications to the USPTO during the prosecution of an
application.
This information collection covers the various communications that may be submitted by the applicant, including providing additional information needed to process a request to delete a particular filing basis from an application or to divide an application identifying multiple goods and/or services into two or more separate applications. This information collection also covers requests for a 6-month extension of time to file a statement that the mark is in use in commerce or petitions to revive an application that abandoned for failure to submit a timely response to an office action or a timely statement of use or extension request. This information collection also covers circumstances in which an applicant may expressly abandon an application by filing a written request for withdrawal of the application.
Change in respondent hour burden:
For this renewal, the USPTO estimates that the annual responses will decrease by 37,750 (from 375,132 to 337,382) and the total burden hours will increase by 110,173 (from 101,466 to 211,639) from the currently approved burden for this information collection. These changes are due to Agency estimates:
⢠Decreases in the estimated number of responses due to Agency estimates regarding the natural fluctuation in the volume of trademark submissions.
⢠Increases in estimated burden hours due to increasing estimate of time to complete various items in the information collection. The total estimated burden hours have increased from 101,466 in the 2017 renewal to 211,639 for the current renewal due to overall increases in estimated annual responses.
Changes in annual (non-hour) costs
For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $3,111,707 (from $ 42,813,847 to $39,702,140). This decrease is due to the reduction in the estimate of trademark submissions.
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.
Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Private Sector)