Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57181

symbol ‘‘§ ’’ and a numbered heading; 

for example § 7.71 Delaware Water 

Gap National Recreation Area. (5) Is 

the description of the rule in the 

‘‘Supplementary Information’’ section of 

the preamble helpful in understanding 

the proposed rule? What else could we 

do to make the rule easier to 

understand? 

Send a copy of any comments that 

concern how we could make this rule 

easier to understand to: Office of 

Regulatory Affairs, Department of the 

Interior, Room 7229, 1849 C Street, 

NW., Washington, DC 20240. 

Drafting Information 

The principal contributors to this 

proposed rulemaking are Joel Schwartz, 

Fee Collection Program Manager, and 

Brian McDonnell, Park Ranger, and 

Philip A. Selleck, Chief Ranger, 

Delaware Water Gap NRA.

List of Subjects in 36 CFR Part 7 

District of Columbia, National parks, 

reporting and recordkeeping 

requirements.

■ For the reasons stated in the preamble, 

the National Park Service amends 36 

CFR Part 7 as follows:

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM

■ 1. The authority citation for Part 7 

continues to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under DC Code 

8–137 (1981) and DC Code 40–721 (1981).

■ 2. Section 7.71 is amended by revising 

paragraphs (e)(1)(i) through (vi) to read 

as follows:

§ 7.71 Delaware Water Gap National 

Recreation Area. 

(e) Commercial Vehicle Fees.

(1) * * *

(i) Two-axle car, van or truck—$3 

(ii) Two-axle vehicle with trailer—$5 

(iii) Two-axle 6-wheeled vehicle—$8 

(iv) Three-axle vehicle—$10 

(v) Four-axle vehicle—$13 

(vi) Five or more-axle vehicle—$18

* * * * *

Dated: September 16, 2004. 

Paul Hoffman, 

Deputy Assistant Secretary for Fish and 

Wildlife and Parks.

[FR Doc. 04–21470 Filed 9–23–04; 8:45 am] 

BILLING CODE 4312–JG–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office 

37 CFR Parts 2 and 7 

[Docket No. 2004–T–037] 

RIN 0651–AB78 

New Mailing Addresses for Paper 

Submissions of Trademark-Related 

Correspondence and Madrid Protocol 

Rules Change

AGENCY: Patent and Trademark Office, 

Commerce.

ACTION: Final rule.

SUMMARY: The United States Patent and 

Trademark Office (‘‘Office’’) is 

amending its rules to provide for new 

mailing addresses for trademark-related 

correspondence submitted on paper. 

The Office is also amending some of the 

rules that govern the submission of 

documents pursuant to the Protocol 

Relating to the Madrid Agreement 

Concerning the International 

Registration of Marks (‘‘Madrid 

Protocol’’) in the United States. 

Specifically, the Office is: Removing the 

requirement that international 

applications, subsequent designations, 

responses to notices of irregularity 

issued by the International Bureau of 

the World Intellectual Property 

Organization (‘‘IB’’), and requests for 

transformation be filed through the 

Trademark Electronic Application 

System (‘‘TEAS’’); limiting the 

requirement that fees payable to the IB 

for international applications, 

subsequent designations, and requests 

to record changes of ownership in the 

International Register be paid at the 

time of submission only if the document 

is filed through TEAS; and designating 

new mailing addresses for trademarkrelated correspondence and paper-filed 

international applications, subsequent 

designations, responses to notices of 

irregularity, requests to record changes 

in the International Register, requests 

for transformation, and petitions to the 

Director to review an action of the 

Office’s Madrid Processing Unit 

(‘‘MPU’’).

DATES: Effective Date: October 4, 2004.

FOR FURTHER INFORMATION CONTACT:

Cheryl L. Black, Office of the 

Commissioner for Trademarks, by 

telephone at (703) 308–8910, ext. 153, or 

by e-mail to cheryl.black@uspto.gov.

SUPPLEMENTARY INFORMATION: 

Background 

New Mailing Addresses for Paper 

Submissions of Trademark-Related 

Documents 

The Office’s Trademark Operation, as 

well as its Trademark Trial and Appeal 

Board, are currently housed at 2900 

Crystal Drive in Arlington, Virginia, and 

§ 2.190 requires that all trademarkrelated correspondence filed on paper, 

except for requests to record documents 

in the Assignment Services Division and 

requests for copies of trademark 

documents, be sent to that location. 

The Trademark Operation and the 

Trademark Trial and Appeal Board are 

moving to a new facility in Alexandria, 

Virginia. It is expected that this move 

will commence on or about October 4, 

2004, and will be completed on or about 

November 9, 2004. The Office is 

therefore amending § 2.190 to provide 

for new mailing addresses for all paperfiled trademark-related correspondence, 

except for requests to record documents 

in the Assignment Services Division and 

requests for copies of trademark 

documents. 

The Office continues to encourage 

trademark applicants and registrants to 

file documents with the Trademark 

Operation via the Trademark Electronic 

Application System (‘‘TEAS’’), available 

at http://www.uspto.gov, and to file 

documents with the Trademark Trial 

and Appeal Board via the Electronic 

System for Trademark Trials and 

Appeals (‘‘ESTTA’’), available at http://

estta.uspto.gov. 

Madrid Protocol Rules Changes 

The Madrid Protocol is an 

international treaty that allows a 

trademark owner to seek registration in 

any of the countries and organizations 

that have joined the Protocol 

(‘‘Contracting Parties’’), by submitting a 

single international application. The 

international application must be based 

on a trademark application filed in or 

registration issued by the trademark 

office of one of the Contracting Parties 

(‘‘basic application’’ or ‘‘basic 

registration’’), and must be submitted to 

the IB through the trademark office of 

the Contracting Party in which the basic 

application or registration is held 

(‘‘Office of Origin’’). Before forwarding 

the international application to the IB, 

the Office of Origin must certify that the 

information in the international 

application corresponds to the 

information in the basic application or 

registration. 

The Madrid Protocol became effective 

in the United States on November 2, 

2003. The Madrid Protocol 

Implementation Act of 2002, Public Law 

57182 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

107–273, 116 Stat. 1758, 1913–1921 

(‘‘MPIA’’) amended the Trademark Act 

to provide that: (1) The owner of a U.S. 

application or registration may seek 

protection of its mark in any of the 

countries and organizations party to the 

Madrid Protocol by submitting a single 

international application to the IB 

through the Office; and (2) the holder of 

an international registration may request 

an extension of protection of the 

international registration to the United 

States. A notice of final rule making 

amending the Trademark Rules of 

Practice to incorporate the MPIA was 

published at 68 FR 55748 (Sept. 26, 

2003). 

The rules required: (1) That filers use 

TEAS to submit international 

applications, subsequent designations, 

responses to notices of irregularity, 

requests to record changes in the 

International Register, and requests for 

transformation; and (2) that 

international fees required by the IB for 

international applications, subsequent 

designations and requests to record 

changes in the International Register be 

paid through TEAS at the time of 

submission. Due to unforeseen technical 

difficulties, the deployment of Madridrelated TEAS forms has been delayed. 

Therefore, these requirements of the 

rules were temporarily waived in a 

notice published at 68 FR 74479 (Dec. 

24, 2003). The Office is amending its 

rules to incorporate these changes. 

The Madrid Protocol, Common 

Regulations Under the Madrid 

Agreement Concerning the International 

Registration of Marks and the Protocol 

Relating to That Agreement (April 1, 

2004) (‘‘Common Regs.’’), and Guide to 

International Registration (2004) 

(‘‘Guide’’), are available on the IB’s Web 

site, at http://www.wipo.int/madrid. The 

Common Regs. are the procedures 

agreed to by the Contracting Parties, 

pursuant to Madrid Protocol Article 

10(2)(iii). 

References below to ‘‘the Act,’’ ‘‘the 

Trademark Act,’’ or ‘‘the statute’’ refer to 

the Trademark Act of 1946, 15 U.S.C. 

1051, et seq., as amended. 

Discussion of Specific Rules 

The Office is amending rules 2.190, 

2.195, 2.197, 7.4, 7.7, 7.11, 7.14, 7.21, 

7.23, 7.25, and 7.31. 

The Office is revising § 2.190(a) to set 

forth a new mailing address for all 

paper-filed trademark-related 

correspondence (except requests to 

record documents in the Assignment 

Services Division, requests for copies of 

trademark documents, and certain 

documents filed pursuant to the Madrid 

Protocol), and adding a new § 2.190(e) 

to set forth a new mailing address for 

the following Madrid-related paper-filed 

documents: international applications 

under § 7.11; subsequent designations 

under § 7.21; responses to notices of 

irregularity under § 7.14; requests to 

record changes in the International 

Register under § 7.23 and § 7.24; 

requests for transformation under § 7.31; 

and petitions to the Director to review 

an action of the MPU. 

The Office is amending § 2.195(d)(3) 

to delete the word ‘‘and’’ after the semicolon, and amending § 2.195(d)(4) to 

replace the period with a semi-colon 

and to add the word ‘‘and’’ after the 

semi-colon. 

The Office is adding a new 

§ 2.195(d)(5), to prohibit the use of 

facsimile transmission to file 

international applications, subsequent 

designations, responses to notices of 

irregularity, requests for transformation, 

and requests to record changes in the 

International Register.

The Office is revising § 2.197(a)(2) to 

provide that the certificate of mailing or 

transmission procedure described in 

§ 2.197(a)(1) does not apply to 

international applications, subsequent 

designations, responses to notices of 

irregularity, requests for transformation, 

and requests to record changes in the 

International Register. 

The Office is redesignating the current 

§ 7.4 as § 7.4(a). 

The Office is adding a new § 7.4(b) to 

designate a new mailing address for 

paper-filed international applications, 

subsequent designations, responses to 

notices of irregularity, requests to record 

changes in the International Register, 

requests for transformation, and 

petitions to the Director to review an 

action of the MPU. 

The Office is adding a new § 7.4(b)(1), 

to provide that international 

applications, subsequent designations, 

requests to record changes in the 

International Register, and petitions to 

the Director to review an action of the 

MPU, when filed by mail, will be 

accorded the date of receipt in the 

Office, unless they are sent by Express 

Mail pursuant to § 2.198, in which case 

they will be accorded the date of deposit 

with the United States Postal Service. 

The Office is adding a new § 7.4(b)(2), 

to provide that requests for 

transformation and responses to notices 

of irregularity, when filed by mail, will 

be accorded the date of receipt in the 

Office. International applicants are 

advised that a response to a notice of 

irregularity under § 7.14 must be 

received at the IB before the end of the 

response period set forth in the IB’s 

notice. Receipt in the Office does not 

satisfy this requirement. See § 7.14(e); 

IB’s Guide at B.I.05.01. 

The Office is adding a new § 7.4(c) to 

designate a location for hand delivery of 

international applications, subsequent 

designations, responses to notices of 

irregularity, requests to record changes 

in the International Register, requests 

for transformation, and petitions to the 

Director to review an action of the MPU. 

The Office is adding a new § 7.4(d), to 

prohibit the use of facsimile 

transmission to file international 

applications, subsequent designations, 

responses to notices of irregularity, 

requests for transformation, and 

requests to record changes in the 

International Register. 

The Office is adding a new § 7.4(e), to 

provide that the certificate of mailing or 

transmission procedure described in 

§ 2.197(a)(1) does not apply to 

international applications, subsequent 

designations, responses to notices of 

irregularity, requests for transformation, 

and requests to record changes in the 

International Register. This is consistent 

with the revision to § 2.197(a)(2), 

discussed above. 

The Office is revising § 7.7(a) to 

provide that fees for international 

applications, subsequent designations, 

and requests to record changes of 

ownership may be paid to the IB 

through the Office only when the 

documents are filed through TEAS. At 

present, the Office is unable to process 

international fees for paper filings. 

The Office is adding a new § 7.7(c) to 

provide that all fees for paper filings 

must be paid directly to the IB. These 

fees can be paid to the IB either before 

or after submission of the document to 

the Office. However, fees paid after the 

document is received by the IB could 

result in a notice of irregularity. 

The Office is redesignating § 7.7(c) as 

§ 7.7(d). 

The Office is revising § 7.11(a) to 

remove the requirement that an 

international application be filed 

through TEAS and to permit the filing 

of an international application either 

through TEAS, or on the official paper 

form issued by the IB, currently 

available on the IB’s Web site at

http://www.wipo.int/madrid. Inasmuch 

as deployment of the TEAS form has 

been delayed due to unforeseen 

technical difficulties, international 

applications must be filed on paper 

until the TEAS form is posted on the 

Office’s Web site. When the TEAS form 

is posted, applicants will have the 

option to file international applications 

either on paper or through TEAS. 

Revised § 7.11(a) requires that an 

international application filed on paper 

be presented on the official paper form 

issued by the IB, currently available on 

the IB’s Web site at http://

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57183

www.wipo.int/madrid. MM2 is the 

official IB form for an application for 

international registration under the 

Madrid Protocol. The IB does not accept 

paper applications that are not 

presented on the official IB form. The 

form cannot be hand-written. Madrid 

Protocol Article 3(1); Common Regs. 

9(2)(a) and 11(4)(a)(i). When submitting 

an international application on paper, 

applicants should complete the official 

form online, print the completed form, 

and submit it to the Office. For 

instructions on completing the IB’s 

official international application form, 

see the IB’s Guide at B.II.07.01–20.11. 

The Office is revising § 7.11(a)(3) by 

breaking it into subsections 7.11(a)(3)(i) 

through 7.11(a)(3)(iii), for purposes of 

clarity. 

The Office is adding a new 

§ 7.11(a)(3)(iv), to require, for 

international applications filed on 

paper, that the depiction of the mark 

appear no larger than 3.15 inches (8 cm) 

high by 3.15 inches (8 cm) wide, and 

that the mark be placed in the box 

designated by the IB on the IB’s official 

form. This is required by Common Reg. 

9(4)(a)(v). The size requirement is 

consistent with the size requirement of 

§ 2.54(b). 

The Office is revising § 7.11(a)(9) to 

delete reference to fees payable to the IB 

for international applications. These 

fees are provided for in new 

§ 7.11(a)(10). 

The Office is redesignating 

§ 7.11(a)(10) as § 7.11(a)(11) and revising 

it to provide that if an international 

application is filed through TEAS, in 

order to be accorded a date of receipt in 

the Office it must include the 

international application fees for all 

classes, and the fees for all designated 

Contracting Parties identified in the 

application. This requirement does not 

apply to international applications filed 

on paper. Under new § 7.7(c), 

international fees for paper applications 

must be paid directly to the IB, and may 

be paid either before or after submission 

of the international application to the 

Office. However, fees paid after the 

international application is received by 

the IB could result in a notice of 

irregularity. The requirement in 

§ 7.11(a)(9) that the U.S. certification fee 

required by § 7.6 be paid at the time of 

submission in order to obtain a date of 

receipt applies to both TEAS and paper 

applications. 

The Office is redesignating 

§ 7.11(a)(11) as § 7.11(a)(12), and 

revising it to provide that an e-mail 

address for correspondence is required 

only when the international application 

is filed through TEAS. The inclusion of 

an e-mail address in paper applications 

is encouraged, but not mandatory. 

The Office is revising § 7.14(e) to 

remove the requirement that a response 

to a notice of irregularity issued by the 

IB be filed through TEAS. Deployment 

of the TEAS form has been delayed due 

to unforeseen technical difficulties. 

Until the TEAS form is available, 

responses to notices of irregularity must 

be filed on paper. When the TEAS form 

is operational, applicants will have the 

option to file responses either on paper 

or through TEAS. 

The Office is revising § 7.21(b) to 

remove the requirement that a 

subsequent designation be submitted 

through TEAS, and permit the 

submission of a subsequent designation 

either through TEAS or on the official 

paper form issued by the IB. 

Deployment of the TEAS form has been 

delayed due to unforeseen technical 

difficulties. Until the TEAS form is 

available, subsequent designations must 

be filed on paper. When the TEAS form 

is posted, holders will have the option 

to file subsequent designations either on 

paper or through TEAS. 

Revised § 7.21(b) requires that a 

subsequent designation filed on paper 

be presented on the official paper form 

issued by the IB, currently available on 

the IB’s Web site at http://

www.wipo.int/madrid. MM4 is the 

official IB form for a designation 

subsequent to the international 

registration under the Madrid Protocol. 

The IB does not accept paper 

subsequent designations that are not 

presented on the official IB form. The 

form cannot be hand-written. Madrid 

Protocol Article 3ter(2); Common Reg. 

24(2)(b). When submitting a subsequent 

designation on paper, the holder should 

complete the official form online, print 

the completed form, and submit it to the 

Office. Completed subsequent 

designations may also be filed directly 

at the IB. The IB’s Guide contains 

instructions for completing the 

subsequent designation form, at 

B.II.43.01–44.03.

The Office is revising § 7.21(b)(7) to 

delete reference to subsequent 

designation fees payable to the IB. These 

fees are provided for in new § 7.21(a)(8). 

The Office is revising § 7.21(a)(8) to 

provide that a subsequent designation 

filed through TEAS must include the 

subsequent designation fees payable to 

the IB in order to obtain a date of receipt 

in the Office. This requirement does not 

apply to subsequent designations filed 

on paper. Under new § 7.7(c), fees for 

paper subsequent designations must be 

paid directly to the IB, and may be paid 

either before or after submission of the 

subsequent designation to the Office. 

However, fees paid after the subsequent 

designation is received by the IB could 

result in a notice of irregularity. The 

requirement that the U.S. transmittal fee 

required by § 7.6 be paid at the time of 

submission in order to obtain a date of 

receipt remains unchanged for paper 

subsequent designations. 

The Office is redesignating 

§ 7.21(b)(8) as § 7.21(b)(9), and revising 

it to provide that an e-mail address for 

correspondence is required only if the 

subsequent designation is filed through 

TEAS. The inclusion of an e-mail 

address in a paper subsequent 

designation is encouraged, but not 

mandatory. 

The Office is revising § 7.23(a)(8) to 

remove the requirement that a request to 

record a change of ownership include 

the recording fee required by the IB. The 

Office currently does not have an 

electronic form available for requests to 

record changes of ownership, and 

cannot process the international fees for 

paper filings. Therefore, under § 7.7(c), 

if a request to record a change of 

ownership is submitted on paper, the 

fee must be paid directly to the IB, and 

may be paid either before or after 

submission of the request to the Office. 

However, fees paid after the request is 

received by the IB could result in a 

notice of irregularity. The requirement 

that the U.S. transmittal fee required by 

§ 7.6 be paid at the time the request is 

submitted remains unchanged. 

The Office is revising § 7.25(a) to 

delete the designation of § 2.172 as a 

section of part 2 of this chapter that 

does not apply to registered extensions 

of protection of international 

registrations to the United States. This 

will allow parties to file requests to 

surrender registered extensions of 

protection of an international 

registration to the United States either 

directly with the IB or with the Office. 

If the request to surrender is filed 

through the Office, the Office will notify 

the IB of the surrender. 

The Office is amending § 7.31(a) to 

delete the requirement that a request for 

transformation be filed through TEAS. 

The Office currently does not have a 

TEAS form available for requests for 

transformation. Until the TEAS form is 

available on the Office’s Web site, 

requests for transformation must be filed 

on paper. When the TEAS form is 

operational, holders will be able to file 

requests for transformation either on 

paper or through TEAS. 

Rule Making Requirements 

Administrative Procedure Act 

This final rule merely involves rules 

of agency practice and procedure within 

57184 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

the meaning of 5 U.S.C. 553(b)(A), as it 

merely provides new mailing addresses 

for certain trademark-related 

correspondence and eliminates certain 

existing procedural requirements related 

to filings under the Madrid Protocol that 

were waived pursuant to a notice 

published at 68 FR 74479 (Dec. 24, 

2003) and incorporates agency 

procedure and practice to implement 

the changes therein. Therefore, this final 

rule may be adopted without prior 

notice and opportunity for public 

comment under 5 U.S.C. 553(b) and (c), 

or thirty-day advance publication under 

5 U.S.C. 553(d). 

Regulatory Flexibility Act 

The changes in this final rule merely: 

(1) Set forth the mailing addresses that 

should be used for mailing certain 

trademark-related correspondence to the 

Office; and (2) incorporate agency 

procedures and practice put in place to 

ensure compliance with a notice 

published at 68 FR 74479 (Dec. 24, 

2003) eliminating certain existing 

requirements for trademark-related 

filings under the Madrid Protocol. This 

final rule package does not impose any 

new fees on members of the public, and 

places no additional economic burden 

on large or small entities. 

This final rule change is a rule of 

agency practice and procedure under 5 

U.S.C. 553(b)(A), and prior notice and 

an opportunity for public comment 

therefore is not required pursuant to 5 

U.S.C. 553(b)(A) (or any other law). See 

Bachow Communications Inc. v. FCC,

237 F.3d 683, 690 (D.C. Cir. 2001) (rules 

governing an application process are 

‘‘rules of agency organization, 

procedure, or practice’’ and exempt 

from the Administrative Procedure Act’s 

notice and comment requirement); 

Merck & Co., Inc. v. Kessler, 80 F.3d 

1543, 1549–50, 38 USPQ2d 1347, 1351 

(Fed. Cir. 1996) (the rules of practice 

promulgated under the authority of 

former 35 U.S.C. 6(a) (now in 35 U.S.C. 

2(b)(2)) are not substantive rules (to 

which the notice and comment 

requirements of the Administrative 

Procedure Act apply)); Fressola v. 

Manbeck, 36 USPQ2d 1211, 1215 

(D.D.C. 1995) (‘‘it is doubtful whether 

any of the rules formulated to govern 

patent and trade-mark practice are other 

than ‘interpretative rules, general 

statements of policy, * * * procedure, 

or practice’ ’’ (quoting C.W. Ooms, The 

United States Patent Office and the 

Administrative Procedure Act, 38 

Trademark Rep. 149, 153 (1948). Thus, 

the provisions of the Regulatory 

Flexibility Act are not applicable to this 

rule making. 

Executive Order 13132 

This rule making does not contain 

policies with federalism implications 

sufficient to warrant preparation of a 

Federalism Assessment under Executive 

Order 13132 (Aug. 4, 1999). 

Executive Order 12866 

This rule making has been determined 

not to be significant for purposes of 

Executive Order 12866. 

Paperwork Reduction Act 

The final rules are in conformity with 

the requirements of the Paperwork 

Reduction Act of 1995 (‘‘PRA’’) (44 

U.S.C. 3501 et seq.). 

An information collection package 

supporting the information 

requirements set forth in this rule was 

approved by the Office of Management 

and Budget under 0651–0051. That 

information collection package included 

a requirement that the following 

documents be submitted electronically: 

international applications under § 7.11, 

subsequent designations under § 7.21, 

responses to notices of irregularity 

under § 7.14, and requests for 

transformation under § 7.31. This final 

rule removes the requirement that these 

forms be filed electronically, and 

instead permits filing either 

electronically or on paper. The 

information to be provided on paper is 

the same information as that collected 

by the electronic forms described in the 

information collection package that was 

approved under 0651–0051. 

These final rules require that 

international applications and 

subsequent designations, when 

submitted on paper, be presented on the 

official forms provided by the IB. The IB 

will not accept paper international 

applications and subsequent 

designations that are not presented on 

the official IB form. Madrid Protocol 

Article 3(1) and 3ter(2); Common Regs. 

9(2)(a), 11(4)(a)(i), and 24(2)(b). The IB’s 

paper forms collect the same 

information required in the electronic 

forms approved under 0651–0051. 

Neither the Office nor the IB provides 

a paper form for responses to notices of 

irregularity or requests for 

transformation. The applicant/holder 

must provide the same information 

required in the electronic forms 

approved under 0651–0051, using the 

form of their choice. 

There are no other new information 

collection requirements in this final 

rule. 

The public reporting burden is 

estimated to average as follows: Fifteen 

minutes for international trademark 

applications; three minutes for 

subsequent designations; ten minutes 

for responses to notices of irregularities 

issued by the IB; and five minutes for 

requests to transform cancelled 

extensions of protection into 

applications for registration under 

section 1 or 44 of the Trademark Act. 

These time estimates include the time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. Comments are invited 

on: (1) Whether the collection of 

information is necessary for proper 

performance of the functions of the 

agency, (2) the accuracy of the agency’s 

estimate of the burden, (3) ways to 

enhance the quality, utility, and clarity 

of the information to be collected, and 

(4) ways to minimize the burden of the 

collection of information to 

respondents. 

Send comments regarding this burden 

estimate, or any other aspect of this data 

collection, including suggestions for 

reducing the burden, to the 

Commissioner for Trademarks, 2900 

Crystal Drive, Arlington, VA 22202–

3514 (Attn: Ari Leifman), and to the 

Office of Information and Regulatory 

Affairs, OMB, 725 17th Street, NW., 

Washington, DC 20503 (Attn: USPTO 

Desk Officer). 

Notwithstanding any other provision 

of law, no person is required to respond 

to nor shall a person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act unless that collection of 

information displays a currently valid 

OMB control number.

List of Subjects 

37 CFR Part 2

Administrative practice and 

procedure, Trademarks. 

37 CFR Part 7 

Administrative practice and 

procedure, Trademarks.

■ For the reasons given in the preamble 

and under the authority contained in 15 

U.S.C. 1123 and 35 U.S.C. 2, as amended, 

the Office is amending parts 2 and 7 of 

title 37 as follows:

PART 2—RULES OF PRACTICE IN 

TRADEMARK CASES

■ 1. Amend § 2.190 by revising 

paragraph (a) and adding a new 

paragraph (e) to read as follows:

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57185

§ 2.190 Addresses for trademark 

correspondence with the United States 

Patent and Trademark Office. 

(a) Trademark correspondence. In 

general. All trademark-related 

documents filed on paper, except 

documents sent to the Assignment 

Services Division for recordation, 

requests for copies of trademark 

documents, and certain documents filed 

under the Madrid Protocol as specified 

in paragraph (e) of this section, should 

be addressed to: Commissioner for 

Trademarks, PO Box 1451, Alexandria, 

VA 22313–1451.

* * * * *

(e) Certain Documents Relating to 

International Applications and 

Registrations. International applications 

under § 7.11 of this title, subsequent 

designations under § 7.21 of this title, 

responses to notices of irregularity 

under § 7.14 of this title, requests to 

record changes in the International 

Register under § 7.23 and § 7.24 of this 

title, requests for transformation under 

§ 7.31 of this title, and petitions to the 

Director to review an action of the 

Office’s Madrid Processing Unit, when 

filed by mail, must be mailed to: 

Commissioner for Trademarks, PO Box 

16471, Arlington, VA 22215–1471, 

Attention MPU.

■ 2. Amend § 2.195 by revising 

paragraphs (d)(3) and (d)(4), and adding 

a new paragraph (d)(5) to read as follows:

§ 2.195 Receipt of trademark 

correspondence.

* * * * *

(d) * * *

(3) Correspondence to be filed with 

the Trademark Trial and Appeal Board, 

except notices of ex parte appeal; 

(4) Requests for cancellation or 

amendment of a registration under 

section 7(e) of the Trademark Act; and 

certificates of registration surrendered 

for cancellation or amendment under 

section 7(e) of the Trademark Act; and 

(5) Madrid-related correspondence 

submitted under § 7.11, § 7.21, § 7.14, 

§ 7.23, § 7.24, or § 7.31 of this title.

* * * * *

■ 3. Amend § 2.197 by revising 

paragraph (a)(2) to read as follows:

§ 2.197 Certificate of mailing or 

transmission. 

(a) * * *

(2) The procedure described in 

paragraph (a)(1) of this section does not 

apply to: 

(i) Applications for the registration of 

marks under 15 U.S.C. 1051 or 1126; 

and 

(ii) Madrid-related correspondence 

filed under § 7.11, § 7.21, § 7.14, § 7.23, 

§ 7.24 or § 7.31 of this title.

* * * * *

PART 7—RULES OF PRACTICE IN 

FILINGS PURSUANT TO THE 

PROTOCOL RELATING TO THE 

MADRID AGREEMENT CONCERNING 

THE INTERNATIONAL REGISTRATION 

OF MARKS

■ 4. Revise § 7.4 to read as follows:

§ 7.4 Receipt of correspondence. 

(a) Correspondence Filed Through 

TEAS. Correspondence relating to 

international applications and 

registrations and requests for extension 

of protection submitted through TEAS 

will be accorded the date and time on 

which the complete transmission is 

received in the Office based on Eastern 

Time. Eastern Time means eastern 

standard time or eastern daylight time, 

as appropriate. 

(b) Correspondence Filed By Mail.

International applications under § 7.11, 

subsequent designations under § 7.21, 

responses to notices of irregularity 

under § 7.14, requests to record changes 

in the International Register under 

§ 7.23 and § 7.24, requests for 

transformation under § 7.31, and 

petitions to the Director to review an 

action of the Office’s Madrid Processing 

Unit, when filed by mail, must be 

addressed to: Commissioner for 

Trademarks, P.O. Box 16471, Arlington, 

VA 22215–1471, Attn: MPU. 

(1) International applications under 

§ 7.11, subsequent designations under 

§ 7.21, requests to record changes in the 

International Register under § 7.23 and 

§ 7.24, and petitions to the Director to 

review an action of the Office’s Madrid 

Processing Unit, when filed by mail, 

will be accorded the date of receipt in 

the Office, unless they are sent by 

Express Mail pursuant to § 2.198 of this 

title, in which case they will be 

accorded the date of deposit with the 

United States Postal Service. 

(2) Responses to notices of irregularity 

under § 7.14 and requests for 

transformation under § 7.31, when filed 

by mail, will be accorded the date of 

receipt in the Office. 

(c) Hand-Delivered Correspondence.

International applications under § 7.11, 

subsequent designations under § 7.21, 

responses to notices of irregularity 

under § 7.14, requests to record changes 

in the International Register under 

§ 7.23 and § 7.24, requests for 

transformation under § 7.31, and 

petitions to the Director to review an 

action of the Office’s Madrid Processing 

Unit, may be delivered by hand during 

the hours the Office is open to receive 

correspondence. Madrid-related handdelivered correspondence must be 

delivered to the Trademark Assistance 

Center, AE00C55, Madison East, 600 

Dulany Street, Alexandria, VA 22313. 

(d) Facsimile Transmission Not 

Permitted. The following documents 

may not be sent by facsimile 

transmission, and will not be accorded 

a date of receipt if sent by facsimile 

transmission: 

(1) International applications under 

§ 7.11; 

(2) Subsequent designations under 

§ 7.21; 

(3) Responses to notices of irregularity 

under § 7.14; 

(4) Requests to record changes of 

ownership under § 7.23; 

(5) Requests to record restrictions of 

the holder’s right of disposal, or the 

release of such restrictions, under 

§ 7.24; and 

(6) Requests for transformation under 

§ 7.31. 

(e) Certificate of Mailing or 

Transmission Procedure Does Not 

Apply. The certificate of mailing or 

transmission procedure provided in 

§ 2.197 does not apply to the documents 

specified in paragraph (d) of this 

section.

■ 5. Amend § 7.7 by revising paragraph 

(a) introductory text, redesignating 

paragraph (c) as paragraph (d), and 

adding a new paragraph (c) to read as 

follows:

§ 7.7 Payments of fees to International 

Bureau. 

(a) For documents filed through 

TEAS, the following fees may be paid 

either directly to the International 

Bureau or through the Office:

* * * * *

(c) All fees for paper filings must be 

paid directly to the International 

Bureau. 

(d) The International Bureau fee 

calculator may be viewed on the web 

site of the World Intellectual Property 

Organization, currently available at: 

http://www.wipo.int/madrid/en/.

■ 6. Amend § 7.11 by revising 

paragraphs (a), introductory text (a)(3), 

(a)(9), (a)(10) and (a)(11), and adding a 

new paragraph (a)(12) to read as follows:

§ 7.11 Requirements for international 

application originating from the United 

States. 

(a) The Office will grant a date of 

receipt to an international application 

That is either filed through TEAS, or 

typed on the official paper form issued 

by the International Bureau. The 

57186 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

international application must include 

all of the following:

* * * * *

(3) A reproduction of the mark that is 

the same as the mark in the basic 

application and/or registration and that 

meets the requirements of § 2.52 of this 

title. 

(i) If the mark in the basic application 

and/or registration is depicted in black 

and white and the basic application or 

registration does not include a color 

claim, the reproduction of the mark in 

the international application must be 

black and white. 

(ii) If the mark in the basic application 

or registration is depicted in black and 

white and includes a color claim, the 

international application must include 

both a black and white reproduction of 

the mark and a color reproduction of the 

mark. 

(iii) If the mark in the basic 

application and/or registration is 

depicted in color, the reproduction of 

the mark in the international 

application must be in color. 

(iv) If the international application is 

filed on paper, the mark must be no 

more than 3.15 inches (8 cm) high by 

3.15 inches (8 cm) wide, and must 

appear in the box designated by the 

International Bureau on the 

International Bureau’s official form;

* * * * *

(9) The certification fee required by 

§ 7.6; 

(10) If the application is filed through 

TEAS, the international application fees 

for all classes, and the fees for all 

designated Contracting Parties 

identified in the international 

application (see § 7.7); 

(11) A statement that the applicant is 

entitled to file an international 

application in the Office, specifying that 

applicant: is a national of the United 

States; has a domicile in the United 

States; or has a real and effective 

industrial or commercial establishment 

in the United States. Where an 

applicant’s address is not in the United 

States, the applicant must provide the 

address of its U.S. domicile or 

establishment; and 

(12) If the international application is 

filed through TEAS, an e-mail address 

for receipt of correspondence from the 

Office.

* * * * *

■ 7. Amend § 7.14 by revising paragraph 

(e) to read as follows:

§ 7.14 Correcting irregularities in 

international application. 

(a) * * *

(e) Procedure for response. To be 

considered timely, a response must be 

received by the International Bureau 

before the end of the response period set 

forth in the International Bureau’s 

notice. Receipt in the Office does not 

fulfill this requirement. Any response 

submitted through the Office for 

forwarding to the International Bureau 

should be submitted as soon as possible, 

but at least one month before the end of 

the response period in the International 

Bureau’s notice. The Office will not 

process any response submitted to the 

Office after the International Bureau’s 

response deadline.

■ 8. Amend § 7.21 by revising 

paragraphs (b) introductory text, (b)(7), 

and (b)(8), and adding a new paragraph 

(b)(9), to read as follows:

§ 7.21 Subsequent designation.

* * * * *

(b) The Office will grant a date of 

receipt to a subsequent designation that 

is either filed through TEAS, or typed 

on the official paper form issued by the 

International Bureau. The subsequent 

designation must contain all of the 

following:

* * * * *

(7) The U.S. transmittal fee required 

by § 7.6; 

(8) If the subsequent designation is 

filed through TEAS, the subsequent 

designation fees (see § 7.7); and 

(9) If the subsequent designation is 

filed through TEAS, an e-mail address 

for receipt of correspondence from the 

Office.

* * * * *

■ 9. Amend § 7.23 by revising paragraph 

(a)(8) to read as follows:

§ 7.23 Requests for recording 

assignments at the International Bureau.

* * * * *

(a) * * *

(8) The U.S. transmittal fee required 

by § 7.6.

* * * * *

■ 10. Amend § 7.25 by revising 

paragraph (a) to read as follows:

§ 7.25 Sections of part 2 applicable to 

extension of protection. 

(a) Except for §§ 2.130–2.131, 2.160–

2.166, 2.168, 2.173, 2.175, 2.181–2.186, 

and 2.197, all sections in part 2 of this 

chapter and all sections of part 10 of 

this chapter apply to a request for 

extension of protection of an 

international registration to the United 

States, including sections related to 

proceedings before the Trademark Trial 

and Appeal Board, unless stated 

otherwise.

* * * * *

■ 11. Amend § 7.31 by revising 

paragraph (a) introductory text to read as 

follows:

§ 7.31 Requirements for transformation of 

an extension of protection to the United 

States into a U.S. application.

* * * * *

(a) The holder of the international 

registration must file a request for 

transformation within three months of 

the date of cancellation of the 

international registration and include:

* * * * *

Dated: September 17, 2004. 

Jon W. Dudas, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office.

[FR Doc. 04–21476 Filed 9–23–04; 8:45 am] 

BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[Region II Docket No. R02–OAR–2004–NJ–

0003, FRL–7818–4] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

Jersey

AGENCY: Environmental Protection 

Agency.

ACTION: Final rule.

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a negative 

declaration submitted by the State of 

New Jersey. The negative declaration 

fulfills EPA’s promulgated Emission 

Guidelines for existing commercial and 

industrial solid waste incinerator 

(CISWI) sources. In accordance with the 

Emission Guidelines, states are not 

required to submit a plan to implement 

and enforce the Emission Guidelines if 

there are no existing CISWI sources in 

the state and if it submits a negative 

declaration letter in place of the State 

Plan.

DATES: This rule will be effective 

October 25, 2004.

ADDRESSES: Copies of the state submittal 

are available at the following addresses 

for inspection during normal business 

hours: 

Environmental Protection Agency, 

Region 2 Office, Air Programs Branch, 

290 Broadway, 25th Floor, New York, 

New York 10007–1866. 

New Jersey Department of 

Environmental Protection, Office of Air 

Quality Management, Bureau of Air 

Pollution Control, 401 East State Street, 

CN027, Trenton, New Jersey 08625. 

Environmental Protection Agency, Air 

and Radiation Docket and Information 

Center, Air Docket, Room B–108, 1301