Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 6269 

II. Method of Collection 

Paper reports are required from 

participants; these reports are 

transmitted by U.S. mail or facsimile. 

III. Data 

OMB Control Number: 0648–0545. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

1,142. 

Estimated Time per Response: 2 hours 

each for: Application for Cooperative 

Quota, Application for Limited Access 

Fishery, Application for Entry-level 

Fishery, and Application to Opt-out; 2 

hours for Application for InterCooperative Transfer of Cooperative 

Quota and Application to Participate; 4 

hours for Annual Rockfish Cooperative 

Report; 6 minutes for Rockfish Catch 

Report; 15 minutes for Cooperative 

Termination of Fishing Declaration; 30 

minutes for Vessel Check-in and Checkout; and 4 hours for Appeals. 

Estimated Total Annual Burden 

Hours: 3,270. 

Estimated Total Annual Cost to 

Public: $5,909. 

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 and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: February 2, 2009. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E9–2496 Filed 2–5–09; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Madrid Protocol 

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 continuing 

information 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 April 7, 2009. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: Susan.Fawcett@uspto.gov. 

Include ‘‘0651–0051 comment’’ in the 

subject line of the message. 

• Fax: 571–273–0112, marked to the 

attention of Susan K. Fawcett. 

• Mail: Susan K. Fawcett, Records 

Officer, Office of the Chief Information 

Officer, Customer Information Services 

Group, Public Information Services 

Division, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Jennifer Chicoski, 

Attorney Advisor, Office of the 

Commissioner for Trademarks, United 

States Patent and Trademark Office, 

P.O. Box 1451, Alexandria, VA 22313– 

1451; by telephone at 571–272–8943; or 

by e-mail to 

Jennifer.Chicoski@uspto.gov. 

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. Individuals and businesses that 

use or intend to use such marks in 

commerce may file an application to 

register the marks with the United 

States Patent and Trademark Office 

(USPTO). 

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 to the IB 

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 became 

effective 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. 

An international application 

submitted through the USPTO must be 

based on an active U.S. application or 

registration and must be filed by the 

owner of the application or registration. 

The USPTO reviews the international 

application to certify that it corresponds 

to the data contained in the existing 

U.S. application or registration before 

forwarding the international application 

to the IB. The IB then reviews the 

international application to determine 

whether the Madrid filing requirements 

have been met and the required fees 

have been paid. If the international 

application is unacceptable, the IB will 

send a notice of irregularity to the 

USPTO and the applicant. The 

applicant must respond to the 

irregularities to avoid abandonment, 

unless a response from the USPTO is 

required. After any irregularities are 

corrected and the application is 

accepted, the IB registers the mark, 

publishes the registration in the WIPO 

Gazette of International Marks, and 

sends a certificate to the holder. 

When the mark is registered, the IB 

notifies each country designated in the 

application of the request for extension 

of protection. Once an international 

registration has been issued, the holder 

may also file subsequent designations to 

request an extension of protection to 

additional countries. 

Under Section 71 of the Trademark 

Act, a registered extension of protection 

to the United States will be cancelled 

unless the holder of the international 

registration periodically files affidavits 

of continued use in commerce or 

excusable nonuse. These affidavits 

cannot be filed until five years after the 

USPTO registers an extension of 

protection. Since the USPTO will not be 


dwashington3 on PROD1PC60 with NOTICES
6270 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 

accepting these affidavits until February 

1, 2010, the estimated burden for these 

affidavits will not be included in this 

collection at this time. 

This collection includes the 

information necessary for the USPTO to 

process applications for international 

registration and related requests under 

the Madrid Protocol. The USPTO 

provides electronic forms for filing the 

Application for International 

Registration, Subsequent Designation, 

and Response to a Notice of Irregularity 

online through the USPTO Web site. An 

electronic form for the Request for 

Transformation is under development. 

Applicants may also submit the items in 

this collection on paper or by using the 

forms provided by the IB, which are 

available on the WIPO Web site. The IB 

requires Applications for International 

Registration and Subsequent 

Designations that are filed on paper to 

be submitted on the official IB forms. 

II. Method of Collection 

By mail, hand delivery, or 

electronically to the USPTO. 

III. Data 

OMB Number: 0651–0051. 

Form Number(s): PTO–2131, PTO– 

2132, PTO–2133. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Individuals or 

households; businesses or other forprofits; and not-for-profit institutions. 

Estimated Number of Respondents: 

5,330 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public approximately 15 minutes (0.25 

hours) to one hour to complete the 

information in this collection, including 

the time to gather the necessary 

information, prepare the documents, 

and submit the completed request to the 

USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 1,347 hours per year. 

Estimated Total Annual Respondent 

Cost Burden: $417,570 per year. The 

USPTO expects that the information in 

this collection will be prepared by 

attorneys. Using the professional rate of 

$310 per hour for attorneys in private 

firms, the USPTO estimates that the 

respondent cost burden for submitting 

the information in this collection will be 

approximately $417,570 per year. 

Item 

Estimated 

time for 

response 

Estimated 

annual 

responses 

Estimated 

annual burden 

hours 

Application for International Registration (PTO–2131) .................................................................. 15 minutes .. 3,900 975 

Subsequent Designation (PTO–2132) ........................................................................................... 15 minutes .. 400 100 

Response to Notice of Irregularity (PTO–2133) ............................................................................ 15 minutes .. 1,000 250 

Request that the USPTO Replace a U.S. Registration with a Subsequently Registered Extension of Protection to the United States.30 minutes .. 4 2 

Request to Record an Assignment or Restriction of a Holder’s Right to Dispose of an International Registration.30 minutes .. 5 3 

Request that the USPTO Transform a Cancelled Extension of Protection into an Application 

for Registration under Section 1 or 44 of the Act.

15 minutes .. 6 2 

Petition to Review Refusal to Certify an International Application ................................................ 1 hour .......... 15 15 

Affidavit of Continued Use or Excusable Nonuse under Section 71 of the Act ............................ 15 minutes .. (1) 0 

Total ........................................................................................................................................ ..................... 5,330 1,347 

1 Not until Feb. 2010. 

Estimated Total Annual Non-hour 

Respondent Cost Burden: $529,701 per 

year. There are no capital start-up, 

maintenance, or recordkeeping costs 

associated with this information 

collection. However, this collection 

does have annual (non-hour) costs in 

the form of filing fees and postage costs. 

The USPTO charges fees for 

processing international applications 

and related requests under the Madrid 

Protocol as set forth in 37 CFR 7.6. In 

addition to these USPTO fees, 

applicants must also pay international 

filing fees to the IB as indicated in 37 

CFR 7.7. The USPTO estimates that the 

total filing fees in the form of USPTO 

processing fees associated with this 

collection will be approximately 

$529,650 per year as calculated in the 

accompanying table. 

Item 

Estimated 

annual 

responses 

Fee amount 

Estimated 

annual filing 

costs 

Application for International Registration, for certifying an international application based on a 

single basic application or registration (per international class) .............................................. 2,000 $100.00 $200,000.00 

Application for International Registration, for certifying an international application based on 

more than one basic application or registration (per international class) ............................... 1,900 150.00 285,000.00

Subsequent Designation .............................................................................................................. 400 100.00 40,000.00 

Response to Notice of Irregularity ............................................................................................... 1,000 0.00 0.00 

Request that the USPTO Replace a U.S. Registration with a Subsequently Registered Extension of Protection to the United States (per international class) ............................................. 4 100.00 400.00 

Request to Record an Assignment or Restriction of a Holder’s Right to Dispose of an International Registration ................................................................................................................ 5 100.00 500.00 

Request that the USPTO Transform a Cancelled Extension of Protection into an Application 

for Registration under Section 1 or 44 of the Act .................................................................... 6 375.00 2,250.00 

Petition to Review Refusal to Certify an International Application .............................................. 15 100.00 1,500.00 

Affidavit of Continued Use or Excusable Nonuse under Section 71 of the Act (per international class) .......................................................................................................................... 1 100.00 0.00 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 6271 

Item 

Estimated 

annual 

responses 

Fee amount 

Estimated 

annual filing 

costs 

Total ...................................................................................................................................... 5,330 ........................ 529,650.00 

1 Not until Feb. 2010. 

The public may submit the items in 

this collection to the USPTO by mail 

through the United States Postal 

Service. The USPTO estimates that 

approximately 1% (53 out of 5,300) of 

the international applications, 

subsequent designations, and responses 

to notices of irregularities may be filed 

on paper, and that 15 of the 30 

responses for the other items in this 

collection will also be filed on paper, for 

a total of approximately 68 of the 5,330 

total responses per year being submitted 

by mail. The average first-class postage 

cost for a mailed submission will be 75 

cents, for a total postage cost of 

approximately $51 per year. 

The total non-hour respondent cost 

burden for this collection in the form of 

filing fees and postage costs is estimated 

to be $529,701 per year. 

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 also will become a matter of public 

record. 

Dated: January 30, 2009. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer, Customer Information 

Services Group, Public Information Services 

Division. 

[FR Doc. E9–2539 Filed 2–5–09; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Submission for OMB Review; 

Comment Request 

ACTION: Notice. 

The Department of Defense has 

submitted to OMB for clearance, the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

DATES: Consideration will be given to all 

comments received by March 9, 2009. 

Title, Form, and OMB Number: 

Industry Cost Collection Report Survey; 

OMB Control Number 0704–TBD. 

Type of Request: New. 

Number of Respondents: 1,613. 

Responses per Respondent: 1. 

Annual Responses: 1,613. 

Average Burden per Response: 30 

minutes. 

Annual Burden Hours: 807. 

Needs and Uses: Executive Order 

12829, ‘‘National Industrial Security 

Program’’ requires the Department of 

Defense to account each year for the 

costs associated with implementation of 

the National Industrial Security Program 

and report those costs to the Director of 

the Information Security Oversight 

Office (ISOO). In furtherance of this 

requirement, and pursuant with 32 CFR, 

Subpart F, section 2001.61(b); Classified 

National Security Information; Final 

Rule, the Secretary of Defense, acting as 

executive agent for the NISP, is 

obligated to collect cost estimates for 

classification-related activities of 

contractors, licensees, certificate 

holders, and grantees and report them to 

ISOO annually. The cost collection 

methodology employed since 1996 was 

validated with the ISOO in December 

2007. Participation in the survey is 

strictly voluntary. Input is integrated 

into a total cost figure for the President 

and is never associated with a specific 

facility. 

Frequency: Annually. 

Respondent’s Obligation: Voluntary. 

OMB Desk Officer: Ms. Jasmeet 

Seehra. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Seehra at the Office of Management 

and Budget, Desk Officer for DoD, Room 

10236, New Executive Office Building, 

Washington, DC 20503. 

You may also submit comments, 

identified by docket number and title, 

by the following method: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

DoD Clearance Officer: Ms. Patricia 

Toppings. 

Written requests for copies of the 

information collection proposal should 

be sent to Ms. Toppings at WHS/ESD/ 

Information Management Division, 1777 

North Kent Street, RPN, Suite 11000, 

Arlington, VA 22209–2133. 

Dated: January 30, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–2491 Filed 2–5–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Defense Task Force on Sexual Assault 

in the Military Services 

AGENCY: Office of the Under Secretary of 

Defense (Personnel and Readiness); 

DoD. 

ACTION: Committee meeting. 

SUMMARY: On January 29, 2009 (74 FR 

5149), the Department of Defense 

announced a meeting of the Defense 

Task Force on Sexual Assault in the 

Military Services. This notice is 

published to provide the correct address 

of the meeting location. All other 

information remains the same. 

ADDRESSES: Coronado Island Marriott, 

2000 Second Street, Marius Room, 

Coronado, California 92118. 

FOR FURTHER INFORMATION CONTACT: 

Colonel Jackson-Chandler, Designated 


dwashington3 on PROD1PC60 with NOTICES