Trademark Post Registration

Forms and Documents

Document Name	Status
Form PTO-1563 Declaration of Use of Mark in Commerce Under Section 8 (Individuals or Households) Form and Instruction	Modified
Form PTO-2311 Section 12(c) Affidavit (Private Sector) Form and Instruction	Modified
Form PTO-2310 Request to Divide Registration (Individuals or Households) Form and Instruction	Modified
Form PTO-2310 Request to Divide Registration (Private Sector) Form and Instruction	Modified
Form PTO-1597 Section 7 Request (Individuals or Households) Form and Instruction	Modified
Form PTO-2309 Surrender of Registration for Cancellation (Private Sector) Form and Instruction	Modified
Form PTO-2302 Response to Office Action for Post-Registration Matters (Individuals or Households) Form and Instruction	Modified
Form PTO-2302 Response to Office Action for Post-Registration Matters (Private Sector) Form and Instruction	Modified
Form PTO-2309 Surrender of Registration for Cancellation (Individuals or Households) Form and Instruction	Modified
Form PTO 1583 Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Private Sector) Form and Instruction	Modified
Form PTO 1583 Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Individuals or Households) Form and Instruction	Modified
Form PTO-1573 Declaration of Incontestability of a Mark Under Section 15 (Private Sector) Form and Instruction	Modified
Form PTO-1573 Declaration of Incontestability of a Mark Under Section 15 (Individuals or Households) Form and Instruction	Modified
Form PTO-1963 Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Private Sector) Form and Instruction	Modified
Form PTO-1963 Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Individuals or Households) Form and Instruction	Modified
Form PTO-1563 Declaration of Use of a Mark in Commerce Under Section 8 (Private Sector) Form and Instruction	Modified
Form PTO-1597 Section 7 Request (Private Sector) Form and Instruction	Modified
0651-0055 Supporting Statement final.docx Supporting Statement A	2021-10-25
0651-AD24 Final Rule.pdf Supplementary Document	2021-10-14
USPTO Information Quality Guidelines.pdf Supplementary Document	2021-10-04
Trademark Act of 1946.pdf Supplementary Document	2021-10-04

IC Document Collections

IC ID	Document Title	Status
4783	Declaration of Use of Mark in Commerce Under Section 8 (Individuals or Households) Form and Instruction	Modified
216720	Section 12(c) Affidavit (paper)	Removed
216719	Section 12(c) Affidavit (Private Sector) Form and Instruction	Modified
216718	Request to Divide Registration (Individuals or Households) Form and Instruction	Modified
216717	Request to Divide Registration (Private Sector) Form and Instruction	Modified
216715	Section 7 Request (Individuals or Households) Form and Instruction	Modified
216714	Surrender of Registration for Cancellation (Private Sector) Form and Instruction	Modified
196062	Response to Office Action for Post-Registration Matters (Individuals or Households) Form and Instruction	Modified
196061	Response to Office Action for Post-Registration Matters (Private Sector) Form and Instruction	Modified
188995	Surrender of Registration for Cancellation (Individuals or Households) Form and Instruction	Modified
188993	Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Private Sector) Form and Instruction	Modified
188992	Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Individuals or Households) Form and Instruction	Modified
188991	Declaration of Incontestability of a Mark Under Section 15 (Private Sector) Form and Instruction	Modified
188990	Declaration of Incontestability of a Mark Under Section 15 (Individuals or Households) Form and Instruction	Modified
188989	Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Private Sector) Form and Instruction	Modified
188988	Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Individuals or Households) Form and Instruction	Modified
188986	Declaration of Use of a Mark in Commerce Under Section 8 (Private Sector) Form and Instruction	Modified
183699	Section 7 Request (Private Sector) Form and Instruction	Modified

ICR Details

OMB Control No: 0651-0055	ICR Reference No: 202109-0651-003
Status: Received in OIRA	Previous ICR Reference No: 201807-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Trademark Post Registration
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/25/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	10/31/2021
Responses	219,694	204,362
Time Burden (Hours)	113,620	55,666
Cost Burden (Dollars)	89,646,740	89,011,276

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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 marks with the USPTO. This information collection covers various communications submitted by individuals and businesses to the USPTO occurring after registration of a trademark. One type of communication is a request to amend registrations to delete goods or services that are no longer being used by the registrant or registration owner. Registered marks remain on the register for 10 years and can be renewed, but will be cancelled unless the registration owner files with the USPTO a declaration attesting to the continued use (or excusable non-use) of the mark in commerce, and a renewal application, within specific deadlines. Registration owners may also request to amend or divide a registration, respond to a post-registration Office action, and surrender a registration. The information in this information collection is used to maintain the quality of the trademark register. The register information may be accessed by an individual or by businesses to determine the availability of a mark. By keeping the register current and accurate, parties may reduce the possibility of initiating use of a mark previously adopted by another.

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Authorizing Statute(s): US Code: 15 USC 1051 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:
0651-AD42	Final or interim final rulemaking	85 FR 73197	11/17/2020

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 26015	05/12/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 58893	10/25/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 17

IC Title	Form No.	Form Name
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Individuals or Households)	PTO 1583	Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 (Private Sector)	PTO 1583	TEAS Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Individuals or Households)	PTO-1963	Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Private Sector)	PTO-1963	TEAS Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Declaration of Incontestability of a Mark Under Section 15 (Individuals or Households)	PTO-1573	Declaration of Incontestability of a Mark under Section 15
Declaration of Incontestability of a Mark Under Section 15 (Private Sector)	PTO-1573	Declaration of Incontestability of a Mark Under Section 15
Declaration of Use of Mark in Commerce Under Section 8 (Individuals or Households)	PTO-1563	Declaration of Use of Mark in Commerce Under Section 8
Declaration of Use of a Mark in Commerce Under Section 8 (Private Sector)	PTO-1563	Declaration of Use of Mark in Commerce Under Section 8
Request to Divide Registration (Individuals or Households)	PTO-2310	Request to Divide
Request to Divide Registration (Private Sector)	PTO-2310	Request to Divide
Response to Office Action for Post-Registration Matters (Individuals or Households)	PTO-2302	Response to Office Action for Post-Registration Matters
Response to Office Action for Post-Registration Matters (Private Sector)	PTO-2302	Response to Office Action for Post-Registration Matters
Section 12(c) Affidavit (Private Sector)	PTO-2311	Section 12(c) Affidavit
Section 12(c) Affidavit (paper)
Section 7 Request (Individuals or Households)	PTO-1597	Section 7 Request
Section 7 Request (Private Sector)	PTO-1597	Section 7 Request
Surrender of Registration for Cancellation (Individuals or Households)	PTO-2309	Surrender of Registration for Cancellation
Surrender of Registration for Cancellation (Private Sector)	PTO-2309	Surrender of Registration for Cancellation

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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	219,694	204,362	0	0	15,332	0
Annual Time Burden (Hours)	113,620	55,666	0	0	57,954	0
Annual Cost Burden (Dollars)	89,646,740	89,011,276	0	1,707,679	-1,072,215	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 Respondents and Hourly Burden due to Adjustment in Agency Estimate: The total number of respondents has increased by 15,332 due to estimated fluctuations in the number of responses/submissions in this information collection. This increase in the number of respondents and responses results in an increase of 57,954 hours in the annual time burden estimates. Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate: For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $1,072,215 from the previous approval. This decrease is due to estimated fluctuations in submissions for items that require a fee and a decrease in the number of respondents submitting their information by mail. Change in Annual (Non-hour) Costs due to Program Change due to Agency Discretion: This renewal request incorporates changes in fee amounts that were included in 0651-AD42 (85 FR 222). The USPTO estimates that these new fee amounts result in $1,707,679 in non-hour cost burdens.

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Annual Cost to Federal Government: $2,285,297

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: 10/25/2021

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