Trademark Processing

DEPARTMENT OF COMMERCE

Patent and Trademark Office

Trademark Processing

ACTION: Notice of proposed collection; comment request.

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SUMMARY: The Department of Commerce, as part of its continuing effort

to reduce paperwork and respondent burden, invites the general public

and other Federal agencies to comment on the continuing information

collection, as required by the Paperwork Reduction Act of 1995, Public

Law 104-13 (44 U.S.C. 3506(c)(2)(A)), by the Patent and Trademark

Office (Office) in the performance of its statutory functions of

examining, registering and maintaining trademarks, as required by the

Trademark Act of 1946, as amended, 15 U.S.C. 1051, et seq.

DATES: Written comments must be submitted on or before April 22, 1996.

ADDRESSES: Direct all written comments to Departmental Forms Clearance

Officer, Department of Commerce, Room 5327, 14th and Constitution

Avenue, NW, Washington D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Requests for additional information

should be directed to the attention of Lynne G. Beresford, Trademark

Legal Administrator, at the Office of the Assistant Commissioner for

Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513 or by

facsimile transmission to (703) 308-7220.

SUPPLEMENTARY INFORMATION:

I. Abstract

The Patent and Trademark Office (Office) administers the Trademark

Act of 1946, as amended, 15 U.S.C. 1051 et seq., which provides for the

Federal registration of trademarks and service marks. Any individual or

business owning a valid trademark or service mark that is both used in

a type of commerce which can be controlled by Congress, and used in

connection with goods or services, may apply to register its mark. A

registration is valid for ten years and renewable for like periods.

Federal registration is not necessary in order to use a mark, nor is

registration required to obtain rights in a mark. Registration does

provide certain procedural benefits, such as access to Federal court.

Information collected by the Office is required by the statute or the

rules and is used by the Office to determine the eligibility of

trademarks or service marks for registration, to issue registrations,

and to maintain the Register.

II. Method of Collection

Mail or facsimile transmission.

III. Data

OMB Number: 0651-0009.

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Est.

Estimated time for annual Est.

Title of form Form No(s). response burden annual

hours responses

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Application for Trademark..... 1478, 4.8 & 4.9............... 1 hour.................... 165,559 165,559

Amendment to Allege Use....... 1579.......................... 15 minutes................ 1,222 4,882

Statement of Use (SOU)........ 1580.......................... 15 minutes................ 4,626 18,505

Extension of Time to File SOU. 1581.......................... 15 minutes................ 8,438 33,750

Opposition.................... 4.17 & 4.17(a)................ 1 hour.................... 5,248 5,248

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Totals.................. .............................. .......................... 185,090 227,944

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Type of Review: Regular.

Affected Public: The forms are used by trademark owners and

trademark practitioners. However, use of the forms is not mandatory and

many law firms and corporations develop their own forms. Information

collected is a matter of public record, and is used by the public for a

variety of private business purposes related to establishing and

enforcing trademark rights. This information is important to the

public, since both common law trademark owners and Federal trademark

registrants must actively protect their own rights.

Estimated Total Annual Cost: Estimated costs to the private sector

are $11,105,400.

Private sector costs were calculated using a composite rate of

paralegal and attorney time. The paralegal hourly rate was calculated

to be $11 per hour. The professional rate was calculated to be $108 per

hour. In house costs were estimated to be $142,853.

IV. Request for Comments

Comments are invited on: (a) Whether the proposed collection of

information is necessary for the proper performance of the functions of

the agency, including whether the information shall have practical

utility; (b) the accuracy of the agency's estimate of the burden

(including hours and cost) of the proposed collection of information;

(c) ways to enhance the quality, utility, and clarity of the

information to be collected; and (d) ways to minimize the burden of

collection of information on respondents, including through the use of

automated collection techniques or other forms of information

technology.

Comments submitted in response to this notice will be summarized or

included in the request for OMB approval of this information

collection; they also will become a matter of public record.

Dated: February 14, 1996.

Linda Engelmeier,

Acting Departmental Forms Clearance Officer, Office of Management and

Organization.

[FR Doc. 96-3823 Filed 2-21-96; 8:45 am]

BILLING CODE 3510-16-P