0651-0051 2024 Fee Rule CWS final

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Madrid Protocol

OMB Control Number 0651-0051

Background

This collection of information is required by the Trademark Act of 1946, 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. The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application.

In support of RIN 0651- AD65 (Setting and Adjusting Trademark Fees During Fiscal Year 2025), USPTO is changing ten fees and adding eight fees to this information collection.

Table 1: Increases in Fee Amount

Item No.	Fee Code(s)	Item	Current Fee	New Fee	Changes in Fee Amount
1	7903	Transmittal fee for request to record an assignment or restriction to the international registration (electronic)	Not previously included in 0651-0051	$100	+$100
1	6903	Transmittal fee for request to record an assignment or restriction to the international registration (paper)	Not previously included in 0651-0051	$200	+$200
1	7932	Renewal fee filed at WIPO	Not previously included in 0651-0051	$325	+$325
2	7931	Request for Extension of Protection of International Registration to the United States (WIPO)	$500	$600	+$100
2	7933	Subsequent designation fee filed with WIPO (§66(a)), per class	Not previously included in 0651-0051	$600	$600
5	6001	Transformation Request (per international class) (paper)	$750	$850	+$100
6	7005	Petition to Director to Review Denial of Certification of International Application (TEAS)	$250	$400	+$150
6	6005	Petition to Director to Review Denial of Certification of International Application (paper)	$350	$500	+$150
8	7905	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (TEAS)	$225	$325	+$100
8	6905	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (paper)	$325	$425	+$100
8	7906	§71 declaration grace period fee, per class (electronic)	Not previously included in 0651-0051	$100	+$100
8	6906	§71 declaration grace period fee, per class (paper)	Not previously included in 0651-0051	$200	+$200
8	7908	§71 declaration deficiency fee (electronic)	Not previously included in 0651-0051	$100	+$100
8	6908	§71 declaration deficiency fee (paper)	Not previously included in 0651-0051	$200	+$200
9	7905 7208	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (TEAS)	$425	$575	+$150
9	6905 6208	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (paper)	$625	$775	+$150
10	7005	Petition to Director for an International Application/Registration (TEAS)	$250	$400	+$150
10	6005	Petition to Director for an International Application/Registration (paper)	$350	$500	+$150

Table 2: Proposed Burden

Item No.	Fee Code(s)	Item	Reponses	New Fee	New Non-hour Cost Burden
1	7903	Transmittal fee for request to record an assignment or restriction to the international registration (electronic)	17	$100	$1,700
1	6903	Transmittal fee for request to record an assignment or restriction to the international registration (paper)	1	$200	$200
1	7932	Renewal fee filed at WIPO	5,665	$325	$1,841,125
2	7931	Request for Extension of Protection of International Registration to the United States (WIPO)	36,800	$600	$22,080,000
2	7933	Subsequent designation fee filed with WIPO (§66(a)), per class	4,790	$600	$2,874,000
5	6001	Transformation Request (per international class) (paper)	1	$850	$850
6	7005	Petition to Director to Review Denial of Certification of International Application (TEAS)	5	$400	$2,000
6	6005	Petition to Director to Review Denial of Certification of International Application (paper)	1	$500	$500
8	7905	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (TEAS)	4,951	$325	$1,609,075
8	6905	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (paper)	1	$425	$425
8	7906	§71 declaration grace period fee, per class (electronic)	1,677	$100	$167,700
8	6906	§71 declaration grace period fee, per class (paper)	1	$200	$200
8	7908	§71 declaration deficiency fee (electronic)	430	$100	$43,000
8	6908	§71 declaration deficiency fee (paper)	1	$200	$200
9	7905 7208	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (TEAS)	2,439	$575	$1,402,425
9	6905 6208	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (paper)	1	$775	$775
10	7005	Petition to Director for an International Application/Registration (TEAS)	2	$400	$800
10	6005	Petition to Director for an International Application/Registration (paper)	1	$500	$500
		Totals	56,784	- - -	$30,025,475

Table 3: Changes in Cost

Item No.	Fee Code(s)	Item	Current Cost	New Cost	Change in Non-hour Cost Burden
1	7903	Transmittal fee for request to record an assignment or restriction to the international registration (electronic)	Not previously included in 0651-0051	$1,700	+$1,700
1	6903	Transmittal fee for request to record an assignment or restriction to the international registration (paper)	Not previously included in 0651-0051	$200	+$200
1	7932	Renewal fee filed at WIPO	Not previously included in 0651-0051	$1,841,125	+$1,841,125
2	7931	Request for Extension of Protection of International Registration to the United States (WIPO)	$18,400,000	$22,080,000	+$3,680,000
2	7933	Subsequent designation fee filed with WIPO (§66(a)), per class	Not previously included in 0651-0051	$2,874,000	+$2,874,000
5	6001	Transformation Request (per international class) (paper)	$750	$850	+$100
6	7005	Petition to Director to Review Denial of Certification of International Application (TEAS)	$1,250	$2,000	+$750
6	6005	Petition to Director to Review Denial of Certification of International Application (paper)	$350	$500	+$150
8	7905	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (TEAS)	$1,113,975	$1,609,075	+$495,100
8	6905	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (paper)	$325	$425	+$100
8	7906	§71 declaration grace period fee, per class (electronic)	Not previously included in 0651-0051	$167,700	+$167,700
8	6906	§71 declaration grace period fee, per class (paper)	Not previously included in 0651-0051	$200	+$200
8	7908	§71 declaration deficiency fee (electronic)	Not previously included in 0651-0051	$43,000	+$43,000
8	6908	§71 declaration deficiency fee (paper)	Not previously included in 0651-0051	$200	+$200
9	7905 7208	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (TEAS)	$1,036,575	$1,402,425	+$365,850
9	6905 6208	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (paper)	$625	$775	+$150
10	7005	Petition to Director for an International Application/Registration (TEAS)	$500	$800	+$300
10	6005	Petition to Director for an International Application/Registration (paper)	$350	$500	+ $150
		Totals	$20,554,700	$30,025,475	$9,470,775

Summary of Changes

The aforementioned rulemaking results in the revision of multiple fees and the addition of eight fees, with an increase of $9,470,775 in annual non-hourly costs to collection 0651-0051.

Changes in Burden

Burden Type	Currently Approved	Proposed Change	New Estimate
Non-hourly Cost Burden	$ 21,516,380	+$9,470,775	$30,987,155

0651-0051’s revised burden is as follows:

• 54,082 in annual responses (unchanged)

• 48,671 in annual hourly burden (unchanged)

• $30,987,155 in annual non-hourly costs