0651-0061 TM Fee Rule CWS final

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Trademark Petitions

OMB Control Number 0651-0061

Background

The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. § 1051 et seq., which provides for the 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. Individuals and businesses may also submit various communications to the USPTO, including letters of protest, requests to make special, responses to petition inquiry letters, petitions to make special, requests to restore a filing date, and requests for reinstatement. The regulations implementing the Trademark Act are set forth in 37 CFR Part 2.

As a part of RIN 0651- AD65 (Setting and Adjusting Trademark Fees During Fiscal Year 2025), USPTO is changing three fees in this information collection.

Table 1: Changes in Fee Amount

Item No.	Fee Code	Item	Current Fee (a)	New Fee (b)	Changes in Fee Amount (b) – (a) = (c)
1	7011	Letter of Protest	$50	$150	+$100
4	7005	Petition to Make Special (Electronic)	$250	$400	+$150
4	6005	Petition to Make Special (Paper)	$350	$500	+$150

Table 2: Proposed Burden

Item No.	Fee Code	Item	Reponses (a)	New Fee (b)	New Non-hour Cost Burden (a) x (b) = (c)
1	7011	Letter of Protest	3,243	$150	$486,450
4	7005	Petition to Make Special (Electronic)	299	$400	$119,600
4	6005	Petition to Make Special (Paper)	1	$500	$500
		Totals	3,543	- - -	$606,550

Table 3: Changes in Cost

Item No.	Fee Code	Item	Current Cost (a)	New Cost (b)	Change in Non-hour Cost Burden (b) – (a) = (c)
1	7011	Letter of Protest	$162,150	$486,450	+$324,300
4	7005	Petition to Make Special (Electronic)	$74,750	$119,600	+$44,850
4	6005	Petition to Make Special (Paper)	$350	$500	+ $150
		Totals	$237,250	$606,550	+$369,300

Summary of Changes

The aforementioned rulemaking results in the revision of three fees, with an increase of $369,300 in annual non-hourly costs to collection 0651-0061.

Changes in Burden

Burden Type	Currently Approved	Proposed Change	New Estimate
Non-hourly Cost Burden	$313,260	+$369,300	$682,560

0651-0061’s revised burden is as follows:

• 5,813 in annual responses (unchanged)

• 7,893 in annual hourly burden (unchanged)

• $682,560 in annual non-hourly costs