82456 Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Applications for Trademark 

Registration 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), in 

accordance with the Paperwork 

Reduction Act of 1995, invites 

comments on the extension and revision 

of an existing information collection: 

0651–0009 (Applications for Trademark 

Registration). The purpose of this notice 

is to allow 60 days for public comment 

preceding submission of the information 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this information 

collection must be received on or before 

February 16, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments by 

any of the following methods. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0009 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Kimberly Hardy, Office of the 

Chief Administrative Officer, United 

States Patent and Trademark Office, 

P.O. Box 1450, Alexandria, VA 22313– 

1450. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to 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 email to Catherine.Cain@uspto.gov 

with ‘‘0651–0009 comment’’ in the 

subject line. Additional information 

about this information collection is also 

available at http://www.reginfo.gov 

under ‘‘Information Collection Review.’’ 

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 who use their marks, or 

intend to use their marks, in commerce 

regulated by Congress may file an 

application with the USPTO to register 

their marks. Registered marks remain on 

the register indefinitely, so long as the 

owner of the registration files the 

necessary maintenance documents. 

This information collection addresses 

submissions required by the regulations 

at 37 CFR part 2 for initial applications 

regarding the registration of trademarks, 

service marks, collective trademarks and 

service marks, collective membership 

marks, and certification marks. These 

regulations also mandate that each 

registered mark appear in the principle 

register or supplemental register, and 

that each entry include the mark, the 

goods and/or services in connection 

with which the mark is used, ownership 

information, dates of use, and certain 

other information. The USPTO also 

provides similar information concerning 

pending applications. The register and 

pending application information may be 

accessed by an individual or by 

businesses to determine the availability 

of a mark. By accessing the USPTO’s 

information, parties may reduce the 

possibility of initiating use of a mark 

previously adopted by another. The 

Federal trademark registration process 

may thereby reduce the number of 

filings between both litigating parties 

and the courts. 

II. Method of Collection 

Items in this information collection 

must be submitted via online electronic 

submissions. In limited circumstances, 

applicants may also be permitted to 

submit the information in paper form by 

mail, fax, or hand delivery. 

III. Data 

OMB Control Number: 0651–0009. 

Form Numbers: 

• PTO 1478 (Trademark/Service Mark 

Application, Principal Register) 

• PTO 1479 (Trademark/Service Mark 

Form, Supplemental Register) 

• PTO 1480 (Certification Mark Form, 

Principal Register) 

• PTO 1481 (Collective Membership 

Mark Form, Principal Register) 

• PTO 1482 (Collective Trademark/ 

Service Mark Form, Principal 

Register) 

Type of Review: Revision of a 

currently approved information 

collection. 

Affected Public: Private sector; 

individuals or households. 

Estimated Number of Respondents: 

506,837 respondents per year. 

Estimated Number of Responses: 

506,837 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it takes the public 

approximately 40 minutes (0.67 hours) 

to 50 minutes (0.83 hours), depending 

on the complexity of the situation, to 

gather the necessary information, 

prepare the appropriate documents, and 

submit the information to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 377,830 hours. 

Estimated Total Annual Respondent 

Cost Burden: $151,132,000. 

TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS

Item No. Item 

Estimated 

annual 

respondents 

Estimated 

annual 

responses 

Estimated time 

for response 

(hours) 

Estimated 

annual 

burden 

(hour/year) 

Rate 1

($/hour) 

Estimated 

annual 

respondent 

cost burden 

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 

1 ................ Use-Based Trademark/Service Mark 

Applications (TEAS Standard).

94,956 94,956 0.75 (45 minutes) ...... 71,217 $400 $28,486,800 

1 ................ Use-Based Trademark/Service Mark 

Applications (TEAS Plus).

90,111 90,111 0.83 (50 minutes) ...... 74,792 400 29,916,800 

2 ................ Intent to Use Trademark/Service Mark 

Application (TEAS Standard).

99,770 99,770 0.67 (40 minutes) ...... 66,846 400 26,738,400 

2 ................ Intent to Use Trademark/Service Mark 

Application (TEAS Plus).

94,678 94,678 0.75 (45 minutes) ...... 71,009 400 28,403,600 

3 ................ Applications for Registration of Trademark/Service Mark under 37 CFR 

§ 44 (TEAS Standard).

13,318 13,318 0.67 (40 minutes) ...... 8,923 400 3,569,200 


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Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices 82457 

1 2019 Report of the Economic Survey, published 

by the Committee on Economics of Legal Practice 

of the American Intellectual Property Law 

Association (AIPLA); https://www.aipla.org/detail/ 

journal-issue/2019-report-of-the-economic-survey. 

The USPTO uses the mean rate for attorneys in 

private firms which is $400 per hour. 

2 2019 Report of the Economic Survey, published 

by the Committee on Economics of Legal Practice 

of the American Intellectual Property Law 

Association (AIPLA); https://www.aipla.org/detail/ 

journal-issue/2019-report-of-the-economic-survey. 

The USPTO uses the mean rate for attorneys in 

private firms which is $400 per hour. 

3This fee rate is effective on January 2, 2021. 

TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS—Continued 

Item No. Item 

Estimated 

annual 

respondents 

Estimated 

annual 

responses 

Estimated time 

for response 

(hours) 

Estimated 

annual 

burden 

(hour/year) 

Rate 1

($/hour) 

Estimated 

annual 

respondent 

cost burden 

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 

3 ................ Applications for Registration of Trademark/Service Mark under 37 CFR 44 

(TEAS Plus).

12,638 12,638 0.75 (45 minutes) ...... 9,479 400 3,791,600 

Totals .............................................. 405,471 405,471 .................................... 302,266 ........................ 120,906,400 

TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS

Item No. Item 

Estimated 

annual 

respondents 

Estimated 

annual 

responses 

Estimated time 

for response 

(hours) 

Estimated 

annual burden 

(hour/year) 

Rate 2

($/hour) 

Estimated 

annual 

respondent 

cost burden 

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 

1 ................ Use-Based Trademark/Service Mark 

Applications (TEAS Standard).

23,739 23,739 0.75 (45 minutes) ...... 17,804 $400 $7,121,600 

1 ................ Use-Based Trademark/Service Mark 

Applications (TEAS Plus).

22,528 22,528 0.83 (50 minutes) ...... 18,698 400 7,479,200 

2 ................ Intent to Use Trademark/Service Mark 

Application (TEAS Standard).

24,942 24,942 0.67 (40 minutes) ...... 16,711 400 6,684,400 

2 ................ Intent to Use Trademark/Service Mark 

Application (TEAS Plus).

23,669 23,669 0.75 (45 minutes) ...... 17,752 400 7,100,800 

3 ................ Applications for Registration of Trademark/Service Mark under 37 CFR 

§ 44 (TEAS Standard).

3,329 3,329 0.67 (40 minutes) ...... 2,230 400 892,000 

3 ................ Applications for Registration of Trademark/Service Mark under 37 CFR 44 

(TEAS Plus).

3,159 3,159 0.75 (45 minutes) ...... 2,369 400 947,600 

Totals .............................................. 101,366 101,366 .................................... 75,564 ........................ 30,225,600 

Estimated Total Annual (Non-hour) 

Respondent Cost Burden: $152,980,250. 

There are no capital start-up, 

maintenance, or recordkeeping fees 

associated with this information 

collection. However, this information 

collection does have annual (non-hour) 

cost burden in the form of filing fees, 

processing fees, and postage costs. The 

USPTO amended its regulations to set, 

increase, or decrease certain trademark 

fees, to become effective January 2, 

2021, including the fees in this 

information collection. 

A complete application must include 

a filing fee for each class of goods and 

services. Therefore, the total filing fees 

associated with this information 

collection can vary depending on the 

number of classes in each application. 

The total filing fees of $152,714,650, 

shown in the table below, reflect the 

filing fee for one class associated with 

this information collection. 

TABLE 3—TOTAL NON-HOUR RESPONDENT COST BURDEN

Item No. Item 

Estimated 

annual 

responses 

Amount 3 Totals 

(a) (b) (a) × (b) = (c) 

1 ............. Use-Based Trademark/Service Mark Applications (TEAS Standard) ..................... 118,695 $350 $41,543,250 

1 ............. Use-Based Trademark/Service Mark Applications (TEAS Plus) ............................ 112,639 250 28,159,750 

2 ............. Intent to Use Trademark/Service Mark Application (TEAS Standard) .................... 124,712 350 43,649,200 

2 ............. Intent to Use Trademark/Service Mark Application (TEAS Plus) ........................... 118,347 250 29,586,750 

3 ............. Applications for Registration of Trademark/Service Mark under 37 CFR § 44 

(TEAS Standard).

16,647 350 5,826,450 

3 ............. Applications for Registration of Trademark/Service Mark under 37 CFR 44 

(TEAS Plus).

15,797 250 3,949,250 

Totals ................................................................................................................ 506,837 ........................ 152,714,650 


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82458 Federal Register / Vol. 85, No. 244 / Friday, December 18, 2020 / Notices 

4This fee rate is scheduled to become effective on 

January 2, 2021. 

In addition, the USPTO charges a 

processing fee of $100 per class for 

TEAS Plus applications that do not meet 

the TEAS Plus filing requirements. In 

such cases, the applicant will be 

required to submit the additional 

processing fee of $100 per class. The 

total processing fees associated with this 

information collection can vary 

depending on the number of classes in 

each application. The total processing 

fees of $265,600 is shown in the table 

below. 

In addition, the USPTO charges a 

processing fee of $100 per class for 

TEAS Plus applications that do not meet 

the TEAS Plus filing requirements. In 

such cases, the applicant will be 

required to submit the additional 

processing fee of $100 per class. The 

total processing fees associated with this 

information collection can vary 

depending on the number of classes in 

each application. The total processing 

fees of $265,000 is shown in the table 

below. 

TABLE 4—PROCESSING FEES

Item No. Item Responses Amount 4 Totals 

(a) (b) (a) × (b) = (c) 

1 ............. Processing fee for applications that fail to meet the additional filing and processing requirements for reduced filing fee (TEAS Plus).2,656 $100 $265,600 

Totals ....................................................................................................................... 2,656 ........................ 265,600 

Therefore, the USPTO estimates that 

the total annual (non-hour) cost burden 

for this information collection in the 

form of filing fees ($152,714,650) and 

processing fees ($265,600) is 

$152,980,250. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

IV. Request for Comments 

The USPTO is soliciting public 

comments to: 

(a) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(b) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(c) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(d) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

All comments submitted in response 

to this notice are a matter of public 

record. The USPTO will include or 

summarize each comment in the request 

to OMB to approve this information 

collection. Before including an address, 

phone number, email address, or other 

personal identifying information in a 

comment, be aware that the entire 

comment—including personal 

identifying information—may be made 

publicly available at any time. While 

you may ask in your comment to 

withhold personal identifying 

information from public view, the 

USPTO cannot guarantee that it will be 

able to do so. 

Kimberly Hardy, 

Information Collections Officer, Office of the 

Chief Administrative Officer, United States 

Patent and Trademark Office. 

[FR Doc. 2020–27904 Filed 12–17–20; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Privacy Act of 1974; System of 

Records 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice of a New System of 

Records. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) is establishing a new 

system of records, CFTC–55, ‘‘Dental 

Benefits Records’’ to cover records 

pertaining to the administration of 

CFTC’s dental benefits program. This 

includes the collection and management 

of records relating to dental procedures 

covered under the program, enrollment 

and claims forms, and communications 

with CFTC employees regarding their 

coverage, eligibility data, and billing. 

DATES: In accordance with 5 U.S.C. 

552(e)(4) and (e)(11) this notice will go 

in to effect without further notice on 

December 18, 2020 unless otherwise 

revised pursuant to comments received. 

All routine uses will go in to effect on 

January 19, 2021. Comments must be 

received on or before January 19, 2021. 

ADDRESSES: You may submit comments 

identified as pertaining to ‘‘Dental 

Benefits Records’’ by any of the 

following methods: 

• CFTC website: https://

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Comments Online process 

on the website. 

• Mail: Christopher Kirkpatrick, 

Secretary of the Commission, 

Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street NW, Washington, DC 

20581. 

• Hand Delivery/Courier: Same as 

Mail, above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Please submit your comments using 

only one method. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to https://

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. 

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse, or 

remove any or all of a submission from 

https://www.cftc.gov that it may deem to 

be inappropriate for publication, such as 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

notice will be retained in the comment 

file and will be considered as required 

under all applicable laws, and may be 

accessible under the FOIA. 

FOR FURTHER INFORMATION CONTACT: 

Charlie Cutshall, Chief Privacy Officer, 

privacy@cftc.gov, 202–418–5833, Office 

of the Executive Director, Commodity 

Futures Trading Commission, Three 


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