Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45579 

interpretation or other auxiliary aids 

should be directed to Virginia 

Henriksen at (301) 278–9013. 

Dated: September 22, 2017. 

Brian C. Moyer, 

Director, Bureau of Economic Analysis. 

[FR Doc. 2017–20970 Filed 9–28–17; 8:45 am] 

BILLING CODE 3510–06–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

Applications for Trademark 

Registration 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as required 

by the Paperwork Reduction Act of 

1995, invites comments on a proposed 

extension of an existing information 

collection: 0651–0009 (Applications for 

Trademark Registration). 

DATES: Written comments must be 

submitted on or before November 28, 

2017. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0009 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Marcie Lovett, Records and 

Information Governance Division 

Director, Office of the Chief Technology 

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 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. The 

rules implementing the Trademark Act 

are set forth in 37 CFR part 2. 

The Act and rules mandate that each 

certificate of registration include the 

mark, the particular goods and/or 

services for which the mark is 

registered, the owner’s name, dates of 

use of the mark in commerce, and 

certain other information. The USPTO 

also provides similar information to the 

public concerning pending applications. 

Individuals or businesses may 

determine the availability of a mark by 

accessing the register through the 

USPTO’s Web site: www.uspto.gov/ 

trademark. Accessing and reviewing the 

USPTO’s publicly available information 

may reduce the possibility of initiating 

use of a mark previously registered or 

adopted by another. Thus, the Federal 

trademark registration process reduces 

unnecessary litigation and its associated 

costs and burdens. 

Trademarks can be registered on 

either the Principal or Supplemental 

Register. Registrations on the Principal 

Register confer all of the benefits of 

registration provided under the 

Trademark Act. Certain marks that are 

not eligible for registration on the 

Principal Register, but are capable of 

functioning as a trademark, may be 

registered on the Supplemental Register. 

Registrations on the Supplemental 

Register cannot be transferred to the 

Principal Register, but owners of 

registrations on the Supplemental 

Register may apply for registration of 

their marks on the Principal Register. 

The information in this collection can 

be submitted in paper format or 

electronically through the Trademark 

Electronic Application System (TEAS). 

Applicants who file using the TEAS RF 

or TEAS Plus forms pay a lower filing 

fee than applicants who file using the 

TEAS Regular form. These applicants 

must agree to file certain 

communications regarding the 

application through TEAS and to 

receive communications by email. TEAS 

Plus users must also file a ‘‘complete’’ 

application, select their identification(s) 

of goods/services from the USPTO’s 

Acceptable Identification of Goods and 

Services Manual, and pay the fees for all 

classes at the time of filing. TEAS Plus 

applications are only available for 

trademark/service mark applications. 

There are no TEAS Plus application 

forms available for certification marks, 

collective marks, collective membership 

marks, and applications for registration 

on the Supplemental Register at this 

time. 

II. Method of Collection 

Electronically via TEAS forms, by 

mail, or by hand delivery. 

III. Data 

OMB Number: 0651–0009. 

Instrument Number(s): PTO Forms 

1478, 1479, 1480, 1481, 1482. 

Type of Review: Extension of a 

Previously Existing Information 

Collection. 

Affected Public: Businesses or other 

for-profits; not-for-profit institutions; 

individuals. 

Estimated Number of Respondents: 

437,599 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it takes the public 

approximately 23 minutes (0.38 hours) 

to 35 minutes (0.58 hours) to complete 

this information, depending on the 

application. This includes the time to 

gather the necessary information, 

prepare the application, and submit the 

complete request to the USPTO. The 

time estimates shown for the electronic 

forms in this collection are based on the 

average amount of time needed to 

complete and electronically file the 

associated form. 

Estimated Total Annual Respondent 

Burden Hours: 205,854.64 hours per 

year. 

Estimated Total Annual Respondent 

Cost Burden: $90,164,332.32. The 

USPTO expects that associated 

attorneys will complete these 

applications. The professional hourly 

rate for attorneys is $438. The rate is 

established by estimates in the 2017 

Report on the Economic Survey, 

published by the Committee on 

Economics of Legal Practice of the 

American Intellectual Property Law 

Association. Using this hourly rate, the 

USPTO estimates that the total 

respondent cost burden for this 

collection is $90,164,332.32 per year. 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
45580 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 

IC No. Item 

Estimated time for 

responses 

(hours) 

Estimated 

responses 

Estimated 

burden hours Rate 

Estimated 

respondent 

cost 

(a) (b) (c) 

(a) × (b) 

(d) (e) 

(c) × (d) 

1 ........................ Use-Based Trademark/ 

Service Mark Applications (Paper).

0.58 (35 minutes) .......... 58 33.64 $438.00 $14,734.32 

1 ........................ Use-Based Trademark/ 

Service Mark Applications (TEAS).

0.50 (30 minutes) .......... 7,752 3,876.00 438.00 1,697,688.00 

1 ........................ Use-Based Trademark/ 

Service Mark Applications (TEAS RF).

0.50 (30 minutes) .......... 94,756 47,378.00 438.00 20,751,564.00 

1 ........................ Use-Based Trademark/ 

Service Mark Applications (TEAS Plus).

0.58 (35 minutes) .......... 82,053 47,590.74 438.00 20,844,744.12 

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

Application (Paper).

0.47 (28 minutes) .......... 70 32.90 438.00 14,410.20 

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

Application (TEAS).

0.38 (23 minutes) .......... 9,390 3,568.20 438.00 1,562,871.60 

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

Application (TEAS 

RF).

0.38 (23 minutes) .......... 114,779 43,616.02 438.00 19,103,816.76 

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

Application (TEAS 

Plus).

0.47 (28 minutes) .......... 99,392 46,714.24 438.00 20,460,837.12 

3 ........................ Applications for Registration of Trademark/Service Mark 

under § 44 (Paper).

0.50 (30 minutes) .......... 9 4.50 438.00 1,971.00 

3 ........................ Applications for Registration of Trademark/Service Mark 

under § 44 (TEAS).

0.40 (24 minutes) .......... 1,232 492.80 438.00 215,846.40 

3 ........................ Applications for Registration of Trademark/Service Mark 

under § 44 (TEAS RF).

0.40 (24 minutes) .......... 15,064 6,025.60 438.00 2,639,212.80 

3 ........................ Applications for Registration of Trademark/Service Mark 

under § 44 (TEAS 

Plus).

0.50 (30 minutes) .......... 13,044 6,522.00 438.00 2,867,636.00 

Totals ......... ....................................... ....................................... 437,599 205,854.64 ........................ 90,164,332.32 

Estimated Total Annual (Non-hour) 

Respondent Cost Burden: 

$109,770,653.13. There are no capital 

start-up, maintenance, or operating fees 

associated with this information 

collection. However, this collection 

does have annual (non-hour) cost 

burden in the form of filing fees, 

processing fees, and postage costs. The 

USPTO amended its rules to set, 

increase or decrease certain trademark 

fees, effective January 14, 2017 affecting 

many of the fees in this collection. 

There is also an annual (non-hour) 

cost burden associated with this 

collection in the form of filing fees. 

Applicants who file their applications 

electronically instead of submitting 

them on paper pay a reduced filing fee. 

Those who choose to file TEAS RF or 

TEAS Plus applications pay a further 

reduced fee. An application must 

include a filing fee for each class of 

goods and services. Therefore, the total 

filing fees associated with this 

collection can vary depending on the 

number of classes in each application. 

The total filing fees of 

$109,561,086.00, shown in the table 

below, reflect the minimum filing fees 

associated with this information 

collection. 

IC No. Item Responses Filing fee Total filing 

fee cost 

(a) (b) (c) 

(a) × (b) 

1 ........................ Use-Based Trademark/Service Mark Applications (Paper) ...................... 58 $600.00 $34,800.00 

1 ........................ Use-Based Trademark/Service Mark Applications (TEAS) ...................... 7,752 400.00 3,100,800.00 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45581 

IC No. Item Responses Filing fee Total filing 

fee cost 

(a) (b) (c) 

(a) × (b) 

1 ........................ Use-Based Trademark/Service Mark Applications (TEAS RF) ................ 94,756 275.00 26,057,900.00 

1 ........................ Use-Based Trademark/Service Mark Applications (TEAS Plus) .............. 82,053 225.00 18,461,925.00 

2 ........................ Intent to Use Trademark/Service Mark Application (Paper) ..................... 70 600.00 42,000.00 

2 ........................ Intent to Use Trademark/Service Mark Application (TEAS) ..................... 9,390 400.00 375,600.00 

2 ........................ Intent to Use Trademark/Service Mark Application (TEAS RF) ............... 114,779 275.00 31,564,225.00 

2 ........................ Intent to Use Trademark/Service Mark Application (TEAS Plus) ............. 99,392 225.00 22,363,200.00 

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

(Paper).

9 600.00 5,400.00 

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

(TEAS).

1,232 400.00 492,800.00 

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

(TEAS RF) ................................................................................................

15,064 275.00 4,127,536.00 

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

(TEAS Plus).

13,044 225.00 2,934,900.00 

Totals ......... ................................................................................................................... 437,599 ........................ 109,561,086.00 

In addition, the USPTO charges a 

processing fee of $125.00 per class for 

certain TEAS RF and TEAS Plus 

applications. If an applicant files a 

TEAS Plus or TEAS RF application that 

does not satisfy the relevant 

requirements for TEAS RF or TEAS 

Plus, they will be required to submit the 

additional $125 processing fee to bump 

the application back up to TEAS 

Regular. The total processing fees 

associated with this collection can vary 

depending on the number of classes in 

each application. 

The total processing fees of $209,500, 

shown in the table below, reflect the 

minimum processing fees associated 

with this information collection. 

IC No. Item Responses Processing 

fee 

Total 

processing 

fees 

(a) 

1 ........................ Processing fee for applications that fail to meet the additional filing and 

processing requirements for the reduced filing fee (TEAS RF).

898 $125.00 $112,250.00 

1 ........................ Processing fee for applications that fail to meet the additional filing and 

processing requirements for reduced filing fee (TEAS Plus).

778 125.00 97,250.00 

Totals ......... ....................................................................................................................... 1,676 ........................ 209,500.00 

Applicants incur postage costs when 

submitting the non-electronic 

information covered by this collection 

to the USPTO by mail. The USPTO 

expects that approximately 99 percent 

of the responses in this collection will 

be submitted electronically. The USPTO 

estimates that the overwhelming 

majority of the paper forms are 

submitted to the USPTO via first-class 

mail. The USPTO estimates that 137 

will be mailed with a first-class-postage 

cost of $0.49 per submission. Therefore, 

the USPTO estimates that the postage 

costs for this collection will be $67.13. 

Therefore, the USPTO estimates that 

the total annual (non-hour) cost burden 

for this collection in the form of filing 

fees ($109,561,086), processing fees 

($209,500), and postage costs ($67.13) is 

$109,770,653.13. 

IV. Requests for Comments 

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. 

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 

estimation 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. 

Marcie Lovett, 

Records and Information Governance 

Division Director, OCTO, United States Patent 

and Trademark Office. 

[FR Doc. 2017–20836 Filed 9–28–17; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

Submission for OMB Review; 

Comment Request; Patent Petitions 

Related to Application and 

Reexamination Processing Fees 

The United States Patent and 

Trademark Office (USTPO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for collection of information 

under the provisions of the Paperwork 

Reduction Act (44 U.S.C. Chapter 35). 

Title: Patent Petitions Related to 

Application and Reexamination 

Processing Fees. 

OMB Control Number: 0651–0059. 

Form Number(s): 

• PTO/SB/17P 

• PTO/SB/23 

• PTO/SB/24a 

• PTO/SB/28 (EFS-Web only) 

• PTO/SB/140 (EFS-Web only) 


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