Changes To Implement Provisions of the Trademark Modernization Act of 2020

ICR 202108-0651-001

OMB: 0651-0086

Federal Form Document

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Supporting Statement A
2021-11-17
Supplementary Document
2021-05-10
Supplementary Document
2021-05-07
IC Document Collections
IC ID
Document
Title
Status
250334 New
250333 New
250332 New
250331 New
250330 New
250329 New
247258 Modified
247257 Modified
247256 Modified
247255 Modified
247254 Modified
247253 Modified
247252 Modified
247251 Modified
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247245 Modified
ICR Details
0651-0086 202108-0651-001
Received in OIRA 202105-0651-001
DOC/PTO
Changes To Implement Provisions of the Trademark Modernization Act of 2020
New collection (Request for a new OMB Control Number)   No
Regular 11/17/2021
  Requested Previously Approved
36 Months From Approved
14,931 0
36,908 0
2,421,403 0

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. The regulations implementing the Trademark Act are set forth in 37 CFR Part 2. This information collection addresses submissions covered by 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. The USPTO is also authorized to promulgate regulations to set flexible Office action response periods between 60 days and 6 months, with an option for applicants to extend the deadline up to a maximum of 6 months from the Office action issue date. Id. at § 224. In addition, the TMA includes statutory authority for the USPTO’s letter-of-protest procedures, which allow third parties to submit evidence to the USPTO relevant to a trademark’s registrability during the initial examination of the trademark application, and provides that the decision whether to include such evidence in the application record is final and non-reviewable.

PL: Pub.L. 116 - 260 221 Name of Law: Trademark Modernization Act of 2020
  
PL: Pub.L. 116 - 260 221 Name of Law: Trademark Modernization Act of 2020

0651-AD55 Final or interim final rulemaking 86 FR 64300 11/17/2021

Yes

20
IC Title Form No. Form Name
Petition for Ex Parte Expungement (Individuals and Households) PTO Form 2312 Petition for Expungement and Reexamination
Petition for Ex Parte Expungement (Private Sector) PTO Form 2312 Petition for Expungement and Reexamination
Petition for Ex Parte Reexamination (Individuals or Households) PTO Form 2312 Petition for Expungement and Reexamination
Petition for Ex Parte Reexamination (Private Sector) PTO Form 2312 Petition for Expungement and Reexamination
Petition to Director (Individuals or Households) PTO Form 2301 Petition to Director for Expungement or Reexamination
Petition to Director (Private Sector) PTO Form 2301 Petition to Director for Expungement or Reexamination
Request for Extension of Time for Filing a Response to Expungement or Reexamination Office Action (Individuals or Households) PTO Form 2313 Request for Extension of Time for Filing a Response
Request for Extension of Time for Filing a Response to Expungement or Reexamination Office Action (Private Sector) PTO Form 2313 Request for Extension of Time for Filing a Response
Request for Extension of Time for Filing a Response to Office Action (Individuals or Households) PTO Form 2313 Request for Extension of Time for Filing a Response
Request for Extension of Time for Filing a Response to Office Action (Private Sector) PTO Form 2313 Request for Extension of Time for Filing a Response
Response to Director-Initiated Expungement Office Action (Individuals or Households) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Director-Initiated Expungement Office Action (Private Sector) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Ex Parte Director-Initiated Reexamination Office Action (Individuals or Households) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Ex Parte Director-Initiated Reexamination Office Action (Private Sector) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Ex Parte Expungement Office Action (Individuals or Households) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Ex Parte Expungement Office Action (Private Sector) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Ex Parte Reexamination Office Action (Individuals or Households) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Ex Parte Reexamination Office Action (Private Sector) PTO Form 2302 Response to Office Action for Post-Registration Matters
Response to Petition for Expungement or Reexamination Inquiry Letter (Individuals or Households) PTO Form 2305 Response to Petition Inquiry Letter
Response to Petition for Expungement or Reexamination Inquiry Letter (Private Sector) PTO Form 2305 Response to Petition Inquiry Letter

  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 14,931 0 14,931 0 0 0
Annual Time Burden (Hours) 36,908 0 36,908 0 0 0
Annual Cost Burden (Dollars) 2,421,403 0 2,421,403 0 0 0
No
No
This is a new information collection.

$1,393,182
No
    Yes
    Yes
No
No
No
No
Catherine Cain 571 272-8946 [email protected]

  No

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.
11/17/2021


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