The United States Patent and Trademark Office (USPTO) administers the Trademark Act (Act), 15 U.S.C. 1501 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 after the registration of a trademark. One type of communication is a request to amend a registration to delete goods or services that are no longer being used by the owner. Registered marks remain on the register for 10 years and can be renewed, but will be cancelled unless the 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, with specific deadlines. Owners may also request to amend or divide a registration, respond to a post-registration office action, and surrender a registration.
The regulations implementing the Act are set forth in 37 CFR part 2. These regulations mandate that each register entry include the mark, the goods and/or services in connection with which the mark is used, ownership information, dates of use, and certain other information. The information in this information collection is used to maintain the quality of the trademark register. The register 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.
US Code:
15 USC 1051
Name of Law: Lanham Trademark Act of 1946
This renewal request incorporates some items currently included in information collection 0651-0086 (Changes to Implement Provisions of the Trademark Modernization Act of 2020):
⢠Response to Director-Initiated Expungement Office Action
⢠Response to Ex Parte Director-Initiated Reexamination Office Action
⢠Response to Ex Parte Expungement Office Action
⢠Response to Ex Parte Reexamination Office Action
These items relate closely to items already in this information collection (0651-0055); including them here provides a complete picture of office action responses. The burden for these items is accounted for in Item 7 (Response to Office Action for Post-Registration Matters). As a result of these additions, this information collection is increasing by 4,043 responses and 3,356 burden hours.
$3,067,664
No
Yes
Yes
No
No
No
No
Catherine cain 571 272-8946
Reginfo record details
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.
Declaration of Use of Mark in Commerce Under Section 8 (Individuals or Households)