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 Department of Commerce United States Patent and Trademark Office
 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), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651-0051 (Madrid Protocol). 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 April 11, 2022.
 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 “0651-0051 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 at 
                        *Catherine.Cain@uspto.gov*
                         with “0651-0051 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 This collection of information is required by the Trademark Act of 1946, 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. The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application. The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, administers the international registration system. The Madrid Protocol Implementation Act of 2002 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 participating countries by submitting a single international application through the USPTO and (2) the holder of an international registration may request an extension of protection of the international registration to the United States. The Madrid Protocol came into effect in the United States on November 2, 2003, and is implemented under 15 U.S.C. 1141 
                    *et seq.*
                     and 37 CFR part 2 and Part 7. Individuals and businesses that use or intend to use such marks in commerce may file an application to register the marks with the USPTO. Both the register and the information provided in pending applications for registration can be accessed by the public in order to determine the availability of a mark and lessen the likelihood of initiating the use of a mark previously adopted by another. II. Method of Collection Items in this information collection must be submitted via online electronic submissions through the Trademark Electronic Application System (TEAS). In limited circumstances, applicants may also be permitted to submit the information in paper form by mail or hand delivery. III. Data *OMB Control Number:*
                     0651-0051. *Forms:* PTO/1663 (Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71)
                PTO/1683 (Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15)
                PTO/2131 (Application for International Registration)
                PTO/2132 (Application for Subsequent Designation)
                PTO/2133 (Response to Notice of Irregularity)
                PTO/2314 (Replacement Request)
                PTO/2315 (Transformation Request)
                PTO/2316 (Petition to Director to Review Denial of Certification of International Application)
                PTO/2317 (Petition to Director for an International Application/Registration) *Type of Review:*
                     Extension and revision of a currently approved information collection. *Affected Public:*
                     Private sector; individuals and households. *Respondent's Obligation:*
                     Required to obtain or retain benefits. *Estimated Number of Annual Respondents:*
                     54,082 respondents. *Estimated Number of Annual Responses:*
                     54,082 responses. *Estimated Time per Response:*
                     The USPTO estimates that the responses in 
                    ( print page 7431)
                    this information collection will take the public approximately between 40 minutes (0.66 hours) to 75 minutes (1.25 hours) to complete. This includes the time to gather the necessary information, prepare the forms or documents, and submit the completed request to the USPTO. *Estimated Total Annual Respondent Burden Hours:*
                     48,671 hours. *Estimated Total Annual Respondent Hourly Cost Burden:*
                     $21,171,885. Table 1—Total Burden Hours and Hourly Costs to Private Sector Respondents
Item No.
Item
Estimated
                             annual 
                             respondents
Responses per
                             respondent
Estimated
                             annual 
                             responses
Estimated time for response
                             (hours)
Estimated
                             burden 
                             (hour/year)
Rate 1
                             ($/hour)
Estimated
                             annual 
                             respondent 
                             cost burden(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)1
Application for International Registration; PTO-2131
7,778
1
7,778
.66 (40 minutes)
5,133
$435
$2,232,8552
Request for Extension of Protection of International Registration to the United States (WIPO)
34,960
1
34,960
1
34,960
435
15,207,6003
Response to Notice of Irregularity; PTO-2133
812
1
812
.66 (40 minutes)
536
435
233,1604
Replacement Request; PTO-2314
10
1
10
.75 (45 minutes)
8
435
3,4805
Transformation Request; PTO-2315
2
1
2
.66 (40 minutes)
1
435
4356
Petition to Director to Review Denial of Certification of International Application; PTO-2316
3
1
3
1.25 (75 minutes)
4
435
1,7407
Application for Subsequent Designation; PTO-2132
740
1
740
1.25 (75 minutes)
925
435
402,3758
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71; PTO-1663
4,703
1
4,703
.66 (40 minutes)
3,104
435
1,350,2409
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15; PTO-1683
2,317
1
2,317
.66 (40 minutes)
1,529
435
665,11510
Petition to Director for an International Application/Registration; PTO-2317
50
1
50
.66 (40 minutes)
33
435
14,355Total
51,375

51,375

46,233

20,111,3551
                         2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); pg F-27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour. (
                        *https://www.aipla.org/​home/​news-publications/​economic-survey*).
 Table 2—Total Burden Hours and Hourly Costs to Individuals and Households Respondents
Item No.
Item
Estimated
                             annual 
                             respondents
Responses per
                             respondent
Estimated
                             annual 
                             responses
Estimated time for response (hours)
Estimated
                             burden 
                             (hour/year)
Rate 2
                             ($/hour)
Estimated
                             annual 
                             respondent  
                             cost burden(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)1
Application for International Registration; PTO-2131
409
1
409
.66 (40 minutes)
270
$435
$117,4502
Request for Extension of Protection of International Registration to the United States (WIPO)
1,840
1
1,840
1
1,840
435
800,4003
Response to Notice of Irregularity; PTO-2133
43
1
43
.66 (40 minutes)
28
435
12,1804
Replacement Request; PTO-2314
1
1
1
.75 (45 minutes)
1
435
4355
Transformation Request; PTO-2315
1
1
1
.66 (40 minutes)
1
435
4356
Petition to Director to Review Denial of Certification of International Application; PTO-2316
2
1
2
1.25 (75 minutes)
3
435
1,3057
Application for Subsequent Designation; PTO-2132
39
1
39
1.25 (75 minutes)
49
435
21,3158
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71; PTO-1663
248
1
248
.66 (40 minutes)
164
435
71,3409
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15; PTO-1683
122
1
122
.66 (40 minutes)
81
435
35,23510
Petition to Director for an International Application/Registration; PTO-2317
2
1
2
.66 (40 minutes)
1
435
435Totals
2,707

2,707

2,438

1,060,5302
                         Ibid.
 
 
 *Estimated Total Annual Respondent Non-hourly Cost Burden:*
                     $21,516,380. This information collection has no capital start-up, maintenance costs, or recordkeeping costs. However, this information collection does have annual costs in the form of filing fees and postage costs. *Filing Fees:*
                     Filing fees are charged per class of goods or services and can vary depending on the number of classes. The filing fees shown here are based on the minimum fee of one class per document associated with this information collection. Table 3—Estimated Total Annual Respondent Filing Fee Cost Burden
Item No.
Item
Estimated 
                             annual  
                             responses
Filing fee 
                             ($)
Total non-hour cost burden 
                             (yr)(a)
(b)
(a) × (b) = (c)1
Application for International Registration (for certifying an international application based on a single basic application or registration, per international class) (TEAS)
6,959
$100
$695,9001
Application for International Registration (for certifying an international application based on a single basic application or registration, per international class) (paper)
1
200
2001
Application for International Registration (for certifying an international application based on more than one basic application or registration, per international class) (TEAS)
1,228
150
184,2001
Application for International Registration (for certifying an international application based on more than one basic application or registration, per international class) (paper)
1
250
2502
Request for Extension of Protection of International Registration to the United States (WIPO)
36,800
500
18,400,0003
Transmitting a Subsequent Designation under Section 7.21 (TEAS)
779
100
77,9003
Transmitting a Subsequent Designation under Section 7.21 (paper)
1
200
2004
Notice of Replacement under Section 7.28 (per international class) (TEAS)
10
100
1,0004
Notice of Replacement under Section 7.28 (per international class) (paper)
1
200
2006
Transformation Request (per international class (TEAS)
2
350
7006
Transformation Request (per international class) (paper)
1
750
7507
Petition to Director to Review Denial of Certification of International Application (TEAS)
5
250
1,2507
Petition to Director to Review Denial of Certification of International Application (paper)
1
350
3508
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (TEAS)
4,951
225
1,113,9758
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (per international class) (paper)
1
325
3259
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (TEAS)
2,439
425
1,036,5759
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (paper)
1
625
62510
Petition to Director for an International Application/Registration (TEAS)
2
250
50010
Petition to Director for an International Application/Registration (paper)
1
350
35010
Request to Record an Assignment or Restriction, or Release of a Restriction, under Sections 7.23 and 7.24 (TEAS)
8
100
80010
Request to Record an Assignment or Restriction, or Release of a Restriction, under Section 7.23 and 7.24 (paper)
1
200
200Total
53,193

21,516,250
 *Postage Costs:* Although the USPTO requires that the items in this information collection be submitted electronically, the items may, in limited situations, be submitted by mail through the United States Postal Service (USPS). Approximately 14 submissions per year are estimated to be mailed to the USPTO. The USPTO estimates that the average postage cost for a mailed submission, using a Priority Mail flat rate legal envelope will be $9.25. Therefore, the USPTO estimates $130 in postage costs associated with this information collection. 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. 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 personally identifiable information (PII) 
                    ( print page 7433)
                    in a comment, be aware that the entire comment— including PII—may be made publicly available at any time. While you may ask in your comment to withhold PII from public view, 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. 2022-02641 Filed 2-8-22; 8:45 am] BILLING CODE 3510-16-P