Trademark Trial and Appeal Board (TTAB) Actions

Forms and Documents

Document Name	Status
Form PTO 2153 Extension of Time to File an Opposition Form and Instruction	Modified
Form PTO-2189 Appeal Brief Form and Instruction	New
Form PTO-2120 Notice of Opposition Form and Instruction	New
Form PTO-2188 Petition to Cancel Form and Instruction	New
Form PTO 2190 Miscellaneous Ex Parte Papers: Individuals and Households Form and Instruction	Removed
Form PTO 2189 Notice of Appeals (Ex Parte Submissions) Form and Instruction	Modified
Form PTO 2188 Papers in Inter Partes Cases: Individuals and Households Form and Instruction	Removed
Form PTO 2151 Submissions in Inter Partes Cases Form and Instruction	Modified
Form PTO 2153 Extension of Time to File an Opposition: Individuals and Households Form and Instruction	Removed
0651-0040 Supporting Statement_08_2023_Final.docx Supporting Statement A	2023-08-30
Trademark Act, 15 U.S.C. § 1051 (1946).pdf Supplementary Document	2020-07-10
Information Quality Guidelines _ USPTO.pdf Supplementary Document	2020-07-10

IC Document Collections

IC ID	Document Title	Status
37421	Extension of Time to File an Opposition Form and Instruction	Modified
261228	Appeal Brief Form and Instruction	New
261226	Notice of Opposition Form and Instruction	New
261225	Petition to Cancel Form and Instruction	New
182092	Miscellaneous Ex Parte Papers: Individuals and Households Form and Instruction	Removed
182091	Notice of Appeals (Ex Parte Submissions) Form and Instruction	Modified
182090	Papers in Inter Partes Cases: Individuals and Households Form and Instruction	Removed
182089	Submissions in Inter Partes Cases Form and Instruction	Modified
182088	Extension of Time to File an Opposition: Individuals and Households Form and Instruction	Removed

ICR Details

OMB Control No: 0651-0040	ICR Reference No: 202307-0651-002
Status: Received in OIRA	Previous ICR Reference No: 202007-0651-001
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	Date Submitted to OIRA: 08/30/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2023
Responses	76,650	83,100
Time Burden (Hours)	1,038,747	21,133
Cost Burden (Dollars)	9,080,047	6,611,606

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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:
	88 FR 36541	06/05/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 59510	08/29/2023
Did the Agency receive public comments on this ICR? No

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

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
Appeal Brief	PTO-2189	Ex Parte Appeal (general filings)
Extension of Time to File an Opposition	PTO 2153	Extension of Time to file an Opposition
Extension of Time to File an Opposition: Individuals and Households	PTO 2153	Extension of Time to file an Opposition
Miscellaneous Ex Parte Papers: Individuals and Households	PTO 2190, PTO 2189	Notice of Appeal ,   Ex Parte Appeal (General Filing)
Notice of Appeals (Ex Parte Submissions)	PTO 2189, PTO-2190	Ex Parte Appeal (General Filing) ,   Notice of Appeal
Notice of Opposition	PTO-2120	Notice of Opposition
Petition to Cancel	PTO-2188	Petition to Cancel
Submissions in Inter Partes Cases	PTO 2151, PTO-2120, PTO-2188	Submissions in Inter Partes Cases ,   Notice of Opposition ,   Petition to Cancel

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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	76,650	83,100	0	600	-7,050	0
Annual Time Burden (Hours)	1,038,747	21,133	0	998,341	19,273	0
Annual Cost Burden (Dollars)	9,080,047	6,611,606	0	2,910,947	-442,506	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: Change in Respondents The total number of respondents has decreased by 6,450 due to estimated fluctuations in the number of responses/submissions in this information collection. Overall fewer respondents submitted items within this information collection. One new item, appeal brief were added on its own line to better represent the items included in this information collection; this added 600 respondents. Changes in Hourly Burdens The total number of annual time burden estimates have increased by 998,341 hours due to a change in the burden estimates for three IC lines. The IC lines and the adjustments are: • IC Line 1 – increasing the estimated time per response from 0.50 hours per response to 18 hours per response. • IC Line 2 – increasing the estimated time per response from 0.5 hours per response to 18 hours per response. • IC Line 4 – increasing the estimate time per response from 0.25 hours per response to 21 hours per response. These time burden estimated were increased to bring TTAB estimates into alignment with other USPTO estimates for similar items, especially those used by PTAB. In reviewing the time estimates, the previous values were not enough to cover the full drafting of the legal documents required for that item. These new estimates provide a better reflection of the time burdens that these legal actions require for parties seeking a TTAB decision. Additionally, there is an slight increase (19,273 burden hours) due to natural fluctuations in individuals filng out particular items within this information collection even as the overall number of respondents slightly declined. Changes in Annual (Non-hour) Costs For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase by $2,910,947 from the previous approval due to changing fees amounts for various TTAB items. This information collection also saw a slight decrease in annual (non-hour) costs burdens (-442,506) due to fluctuations in submissions for items that require a fee, particularly for Requests for Extension of Time to File an Opposition.

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Annual Cost to Federal Government: $314,004

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: 08/30/2023

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