Trademark Processing

DEPARTMENT OF COMMERCE

Patent and Trademark Office

Trademark Processing

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce (DoC), 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)), and 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, 15 U.S.C. 1051, et seq.

DATES: Written comments must be submitted on or before April 6, 1998.

ADDRESSES: Direct all written comments to Linda Engelmeier,

Departmental Forms Clearance Officer, Department of Commerce, Room

5327, 14th and Constitution Avenue, NW, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Requests for additional information

should be directed to the attention of Nancy L. Omelko, Administrator

for Petitions, at the Office of the Assistant Commissioner for

Trademarks, 2900 Crystal Drive, Arlington, Va. 22202-3513, telephone

number (703) 308-8910 ext. 39 or by facsimile transmission to (703)

308-9395.

SUPPLEMENTARY INFORMATION:

I. Abstract

The Patent and Trademark Office (Office) administers the Trademark

Act, 15 U.S.C. 1051 et seq, which provides for the Federal registration

of trademarks; as well as, service marks; collective trademarks and

service marks; collective membership marks; and certification marks.

Individuals and businesses who use their marks, or intend to use their

marks, in commerce regulable by Congress, may file an application with

the Office to register their mark. The mark will remain on the register

for ten years. However, the registration will be canceled unless the

owner files an affidavit with the Office attesting to the continued use

(or excusable non-use) of the mark in commerce. The registration may be

renewed for periods of ten years.

The Trademark Act mandates that each register entry contain the

mark; the goods and/or services that the mark is used in connection

with; identifying ownership information; dates of use; and certain

other information. The Office also provides similar information

concerning pending applications. The register and pending application

information may be accessed by an individual, or by businesses, to

determine availability of a mark. By accessing the Office's

information, potential trademark owners may reduce the possibility of

initiating use of a mark previously adopted by another. The Federal

Trademark Registration process serves to reduce the filing of papers in

court and between parties.

II. Method of Collection

By mail, facsimile, or electronic transmission. A pilot program is

currently in progress to study the use of electronic technology in

filing trademark/service mark applications. After evaluation of the

pilot, the Office will implement a full-scale program to accept

trademark/service mark registration applications filed electronically

by the public. At this stage, only the intent-to-use and use-based

trademark/service mark

[[Page 5784]]

registration applications are being accepted electronically. In time,

the electronic filing may be expanded to include other forms. The time

estimates shown for the electronic forms in this notice are based on

the average amount of time needed to complete and electronically file a

trademark/service mark application. The estimated number of annual

responses are a projection of how many electronic applications are

expected to be filed per year.

III. Data

OMB Number: 0651-0009.

Type of Review: Renewal with change.

Affected Public: Individuals or households, businesses or other

for-profit, not-for-profit institutions, farms, state, local or tribal

governments, and the Federal Government. The forms are used by

potential trademark owners and trademark practitioners. However, use of

the forms is not mandatory and many law firms and corporations develop

their own forms. The 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 Number of Respondents: 302,818.

Estimated Time Per Response: 10 to 45 minutes, depending on the

form.

Estimated Total Annual Respondent Burden Hours: 112,887 hours per

year.

Estimated Total Annual Respondent Cost Burden: $11,570,918 per

year.

----------------------------------------------------------------------------------------------------------------

Estimated

time for Est. annual Est. annual

Title of form Form No(s). response burden hours responses

(minutes)

----------------------------------------------------------------------------------------------------------------

*Intent-to-Use trademark/service

mark registration applications... 1478, 1478(a), 4.8&4.9 20 37,857 114,719

*Electronic Intent-to-Use

trademark/service mark

registration application......... TBD 18 18 60

*Use-Based trademark/service mark

registration applications........ 1478,1478(a),4.8&4.9 30 38,230 76,459

*Electronic Use-Based trademark/

service mark registration

application...................... TBD 27 27 60

Allegation of Use for Intent-To-

Use Application.................. 1553 20 8,652 26,218

Request for Extension of Time to

File a Statement of Use.......... 1581 10 8,141 47,887

Affidavits of Use/Combined

Declaration of Use and

Incontestability................. PTO-FB-TM205/TM209 30 10,391 20,781

Application for Renewal........... PTO-FB-TM201 30 3,360 6,720

Amendments/Corrections/Surrenders. No Forms Associated. 30 2,449 4,898

Opposition to the Registration of

a Mark........................... 4-17a 45 3,762 5,016

-----------------------------------------------------------------------------

Totals........................ ............................ .............. 112,887 302,818

----------------------------------------------------------------------------------------------------------------

*The same application is used for both types of registration; however, different information is required.

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 the

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 will also become a matter of public record.

Dated: January 30, 1998.

Linda Engelmeier,

Departmental Forms Clearance Officer, Office of Management and

Organization.

[FR Doc. 98-2734 Filed 2-3-98; 8:45 am]

BILLING CODE 3510-16-P