[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13987-13988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5902]



[[Page 13987]]

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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Submissions Regarding Correspondence and Regarding Attorney 
Representation (Trademarks)

ACTION: Proposed collection; comment request.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to take this 
opportunity to comment on the revision of a currently approved 
collection, as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before May 16, 2011.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#2b62454d4459464a5f424445684447474e485f4244456b5e585b5f44054c445d"><span class="__cf_email__" data-cfemail="5910373f362b34382d3036371a3635353c3a2d303637192c2a292d36773e362f">[email protected]</span></a>. Include ``0651-
0056 Submissions'' in the subject line of the message.
    <bullet> Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, U.S. Patent and Trademark Office, P.O. Box 
1450, Alexandria, VA 22313-1450.
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Catherine Cain, Attorney 
Advisor, Office of the Commissioner for Trademarks, United States 
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; 
by telephone at 571-272-8946; or by e-mail at <a href="/cdn-cgi/l/email-protection#187b796c707d6a71767d367b797176586d6b686c77367f776e"><span class="__cf_email__" data-cfemail="bfdcdecbd7dacdd6d1da91dcded6d1ffcacccfcbd091d8d0c9">[email protected]</span></a> 
with ``Paperwork'' in the subject line.

SUPPLEMENTARY INFORMATION

I. Abstract

    The United States Patent and Trademark Office (USPTO) administers 
the Trademark Act, 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. Individuals and businesses that use, or intend to 
use such marks in commerce may file an application to register their 
marks with the USPTO. Registered marks remain on the register 
indefinitely so long as the owner of the registration files the 
necessary maintenance documents.
    Such individuals and businesses may also submit various 
communications to the USPTO regarding their pending applications or 
registered trademarks, including providing additional information 
needed to process a pending application, filing amendments to the 
applications, or filing the papers necessary to keep a trademark in 
force. In the majority of circumstances, individuals and businesses 
retain attorneys to handle these matters. As such, these parties may 
also submit communications to the USPTO regarding the appointment of 
attorneys of record to represent applicants in the application process 
or, in the case of applicants or registrants who are not domiciled in 
the United States, the appointment of domestic representatives on whom 
may be served notices or process in proceedings affecting the mark, the 
revocation of an attorney's or domestic representative's appointment, 
and requests for permission to withdraw from representation. Applicants 
and registrants may also submit change of owner's address forms 
requesting that the USPTO amend the record of an application or 
registration by entering a new address for the applicant or registrant.
    The rules implementing the Trademark Act are set forth in 37 CFR 
part 2. In addition to governing the registration of trademarks, the 
Act and rules also govern the appointments and revocations of attorneys 
and domestic representatives. The trademark rules provide the specifics 
for filing requests for permission to withdraw as the attorney of 
record. The requirements for changes of the owner's address are not 
governed by the trademark rules, but are outlined in the USPTO's 
procedures. The information in this collection is available to the 
public.
    The information in this collection can be submitted in paper format 
or electronically through the Trademark Electronic Application System 
(TEAS). The USPTO has developed a new TEAS Global Form format that 
permits the agency to collect information electronically when a TEAS 
form having dedicated data fields is not yet available. With the 
introduction of the TEAS Global Forms, the information in this 
collection can be collected in three different formats: Paper format, 
electronically using the original TEAS forms, or electronically using 
the TEAS Global Forms.
    This collection currently has three TEAS forms with dedicated data 
fields. As part of this renewal, the USPTO proposes to add three TEAS 
Global Forms: For changing the domestic representative's address, 
replacing the attorney of record with another already-appointed 
attorney, and requesting the withdrawal of a domestic representative--
into the collection. The paper equivalents will be added as well.
    Although this collection does have electronic forms, there are no 
official paper forms for these items. Individuals and businesses can 
submit their own paper forms, following USPTO rules and guidelines to 
ensure that all necessary information is provided.

II. Method of Collection

    Electronically if applicants submit the information using the 
original TEAS forms or the new TEAS Global Forms. By mail or hand 
delivery if applicants choose to submit the information in paper 
format.

III. Data

    OMB Number: 0651-0056.
    Form Number(s): PTO Forms 2196, 2197, and 2201. TEAS Global Forms: 
Change of Domestic Representative's Address, Replacement of Attorney of 
Record with Another Already-Appointed Attorney, and Request to Withdraw 
as Domestic Representative.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 123,010 responses per year. Of 
this total, the USPTO estimates that 117,151 responses will be 
submitted through TEAS.
    Estimated Time Per Response: The USPTO estimates that it takes the 
public approximately 5 to 15 minutes (0.08 to 0.25 hours) to complete 
this information, depending on the application. This includes the time 
to gather the necessary information, prepare the requests, and submit 
them to the USPTO. The time estimates shown for the electronic forms in 
this collection are based on the average amount of time needed to 
complete and electronically file the associated form.
    Estimated Total Annual Respondent Burden Hours: 10,927 hours.
    Estimated Total Annual Respondent Cost Burden: $3,551,275. The 
USPTO expects that attorneys will complete these submissions. Using the 
professional hourly rate of $325 for attorneys in private firms, the 
USPTO estimates $3,551,275 per year for salary costs associated with 
respondents.

[[Page 13988]]



----------------------------------------------------------------------------------------------------------------
                                                                  Estimated time     Estimated       Estimated
                              Item                                 for response       annual       annual burden
                                                                   (in minutes)      responses         hours
----------------------------------------------------------------------------------------------------------------
Revocation of Attorney/Domestic Representative and/or                         10           4,000             680
 Appointment of Attorney/Domestic Representative (Paper)........
TEAS Revocation of Attorney/Domestic Representative and/or                     5          80,000           6,400
 Appointment of Attorney/Domestic Representative (PTO Form 2196)
Request for Permission to Withdraw as Attorney of Record (Paper)              15             225              56
TEAS Request for Permission to Withdraw as Attorney of Record                 12           4,500             900
 (PTO Form 2201)................................................
Change of Owner's Address (Paper)...............................              10           1,600             272
TEAS Change of Owner's Address (PTO Form 2197)..................               5          32,000           2,560
Change of Domestic Representative's Address (Paper).............              10              13               2
TEAS Change of Domestic Representative's Address (TEAS Global)..               5             250              20
Replacement of Attorney of Record with Another Already-Appointed              10               1               1
 Attorney (Paper)...............................................
TEAS Replacement of Attorney of Record with Another Already-                   5               1               1
 Appointed Attorney (TEAS Global)...............................
Request to Withdraw as Domestic Representative (Paper)..........              10              20               3
TEAS Request to Withdraw as Domestic Representative (TEAS                      5             400              32
 Global)........................................................
                                                                 -----------------------------------------------
    Totals......................................................  ..............         123,010          10,927
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Non-Hour Respondent Cost Burden: $2,526. 
This information collection has postage costs associated with it. It 
does not have any operation or maintenance costs, nor does it have 
filing fees.
    Customers incur postage costs when submitting the information in 
paper format. The USPTO estimates that the majority (98%) of paper 
submissions are submitted via United States Postal Service first-class 
mail. The USPTO estimates these submissions will weigh approximately 
one ounce with a first-class postage rate of 44 cents. Out of 5,859 
paper submissions, the USPTO estimates that 5,741 will be mailed, for a 
total non-hour respondent cost burden of $2,526 in postage costs.

----------------------------------------------------------------------------------------------------------------
                                                                                                  Total non-hour
                              Item                                 Responses (a)   Postage costs  cost burden (a
                                                                                      ($) (b)        x b) (c)
----------------------------------------------------------------------------------------------------------------
Revocation of Attorney/Domestic Representative and/or                      3,920           $0.44       $1,725.00
 Appointment of Attorney/Domestic Representative................
Request for Permission to Withdraw As Attorney of Record........             221            0.44           97.00
Change of Owner's Address Form..................................           1,568            0.44          690.00
Change of Domestic Representative's Address.....................              12            0.44            5.00
Replacement of Attorney of Record with Another Already-Appointed               1            0.44            1.00
 Attorney.......................................................
Request to Withdraw as Domestic Representative..................              19            0.44            8.00
                                                                 -----------------------------------------------
    Totals......................................................           5,741  ..............        2,526.00
----------------------------------------------------------------------------------------------------------------

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, e.g., 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: March 10, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2011-5902 Filed 3-14-11; 8:45 am]
BILLING CODE 3510-16-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>