Substantive Submissions Made During Prosecution of the Trademark Application

Forms and Documents

Document Name	Status
Form PTO Form 1553 Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Private Sector) Form and Instructi	Modified
Form TEAS Global Form Response to Intent-to-Use (ITU) Divisional Unit Office Action (TEAS Global) Form and Instructi	Removed
Form Form 2202 Request for Express Abandonment (Withdrawal) of Application: (Individuals and Households) Form and Instructi	Modified
Form Form 2202 Request for Express Abandonment (Withdrawal) of Application: (Private Sector) Form and Instructi	Modified
Form Form 2200 Request to Delete Section 1(b) Basis, Intent to Use: (Individuals and Households) Form and Instructi	Modified
Form PTO-2200 Request to Delete Section 1(b) Basis, Intent to Use: (Private Sector) Form and Instructi	Modified
Form Form 2195 Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Individuals and Households) Form and Instructi	Modified
Form PTO-2195 Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Private Sector) Form and Instructi	Modified
Form Form 2194 Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action: (Individuals and Households) Form and Instructi	Modified
Form Form 2194 Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action: (Private Sector) Form and Instructi	Modified
Form PTO Form 1581 Request for Extension of Time to File a Statement of Use: (Individuals and Households) Form and Instructi	Modified
Form PTO Form 1581 Request for Extension of Time to File a Statement of Use: (Private Sector) Form and Instructi	Modified
Form PTO Form 1553 Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Individuals and Households) Form and Instructi	Modified
0651-0054 Supporting Statement 12_2020.docx Supporting Statement A	2020-12-31
Information Quality Guidelines _ USPTO.pdf Supplementary Document	2020-12-30
Trademark Act, 15 U.S.C. § 1051 (1946).pdf Supplementary Document	2020-12-30

IC Document Collections

IC ID	Document Title	Status
4782	Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Private Sector) Form and Instructi	Modified
239249	Petition to the Director Under Trademark Rule 2.147 (TEAS)	Removed
239177	Petition to the Director Under Trademark Rule 2.147 (Paper) Instruction	Removed
198216	Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (TEAS Global): (Individuals and Households) Other-Global Form	Modified
198215	Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA: (Private Sector) Other-Global Form	Modified
198212	Petition to the Director: (Individuals and Households) Other-Global Form	Modified
198211	Petition to the Director: (Private Sector) Other-Global Form	Modified
198210	Response to Petition to Revive Deficiency Letter (TEAS Global) (Individuals and Households) Other-Global Form	Modified
198209	Response to Petition to Revive Deficiency Letter: (Private Sector) Other-Global Form	Modified
198200	Response to Intent-to-Use (ITU) Divisional Unit Office Action (TEAS Global) Form and Instructi	Removed
198199	Response to Intent-to-Use (ITU) Divisional Unit Office Action: (Private Sector) Other-Global Form	Modified
198196	Request to Divide Application (TEAS Global): (Individuals and Households) Other-Global Form	Modified
186141	Request to Divide Application: (Private Sector) Other-Global Form	Modified
186140	Request for Express Abandonment (Withdrawal) of Application: (Individuals and Households) Form and Instructi	Modified
186139	Request for Express Abandonment (Withdrawal) of Application: (Private Sector) Form and Instructi	Modified
186138	Request to Delete Section 1(b) Basis, Intent to Use: (Individuals and Households) Form and Instructi	Modified
186137	Request to Delete Section 1(b) Basis, Intent to Use: (Private Sector) Form and Instructi	Modified
186136	Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Individuals and Households) Form and Instructi	Modified
186135	Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Private Sector) Form and Instructi	Modified
186134	Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action: (Individuals and Households) Form and Instructi	Modified
186133	Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action: (Private Sector) Form and Instructi	Modified
186131	Request for Extension of Time to File a Statement of Use: (Individuals and Households) Form and Instructi	Modified
186130	Request for Extension of Time to File a Statement of Use: (Private Sector) Form and Instructi	Modified
186125	Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Individuals and Households) Form and Instructi	Modified

ICR Details

OMB Control No: 0651-0054	ICR Reference No: 202012-0651-003
Status: Received in OIRA	Previous ICR Reference No: 201910-0651-010
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Substantive Submissions Made During Prosecution of the Trademark Application
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/31/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	337,382	375,132
Time Burden (Hours)	211,639	101,466
Cost Burden (Dollars)	39,702,140	42,665,447

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Abstract: 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.

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Authorizing Statute(s): US Code: 15 USC 1051(d)(1-4) Name of Law: Lanham 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 67522	10/23/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 86909	12/31/2020
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 21

IC Title	Form No.	Form Name
Request for Express Abandonment (Withdrawal) of Application: (Individuals and Households)	Form 2202	TEAS Request for Express Abandonment (Withdrawal) of Application
Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action: (Individuals and Households)	Form 2194	TEAS Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action
Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Private Sector)	PTO Form 1553	Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use)
Petition to the Director: (Private Sector)
Request for Extension of Time to File a Statement of Use: (Private Sector)	PTO Form 1581	Request for Extension of Time to File a Statement of Use
Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action: (Private Sector)	Form 2194	Petition to Revive Abandoned Application – Failure to Respond Timely to Office Action
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Individuals and Households)	Form 2195	TEAS Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request
Request to Delete Section 1(b) Basis, Intent to Use: (Private Sector)	PTO-2200	Request to Delete Section 1(b) Basis, Intent to Use
Request to Delete Section 1(b) Basis, Intent to Use: (Individuals and Households)	Form 2200	TEAS Request to Delete Section 1(b) Basis, Intent to Use
Request for Extension of Time to File a Statement of Use: (Individuals and Households)	PTO Form 1581	TEAS Request for Extension of Time to File a Statement of Use
Request to Divide Application: (Private Sector)
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request: (Private Sector)	PTO-2195	Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request
Petition to the Director: (Individuals and Households)
Request to Divide Application (TEAS Global): (Individuals and Households)
Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use): (Individuals and Households)	PTO Form 1553	TEAS Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use)
Response to Intent-to-Use (ITU) Divisional Unit Office Action: (Private Sector)
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA: (Private Sector)
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA (TEAS Global): (Individuals and Households)
Response to Petition to Revive Deficiency Letter (TEAS Global) (Individuals and Households)
Response to Petition to Revive Deficiency Letter: (Private Sector)
Request for Express Abandonment (Withdrawal) of Application: (Private Sector)	Form 2202	Request for Express Abandonment (Withdrawal) of Application
Response to Intent-to-Use (ITU) Divisional Unit Office Action (TEAS Global)	TEAS Global Form	Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action
Petition to the Director Under Trademark Rule 2.147 (Paper)
Petition to the Director Under Trademark Rule 2.147 (TEAS)

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ICR Summary of Burden

	Total Request	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	337,382	375,132	0	0	-37,750	0
Annual Time Burden (Hours)	211,639	101,466	0	0	110,173	0
Annual Cost Burden (Dollars)	39,702,140	42,665,447	0	0	-2,963,307	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: 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.

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Annual Cost to Federal Government: $2,689,992

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: 12/31/2020

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