0055 Just Renewal

SUPPORTING STATEMENT
United States Patent and Trademark Office
Post Registration (Trademark Processing)
OMB CONTROL NUMBER 0651-0055

A.

JUSTIFICATION

1.

Necessity of Information Collection

This collection of information is required by the Trademark Act, 15 U.S.C. § 1051 et
seq., which provides for the registration of trademarks, service marks, collective
trademarks and collective 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 their marks with the United States Patent and
Trademark Office (USPTO).
Such individuals and businesses may also submit various communications to the
USPTO, including requests to correct or amend their registrations. Registered marks
remain on the register for ten years and can be renewed, but will be cancelled unless
the owner files with the USPTO a declaration attesting to the continued use (or
excusable non-use) of the mark in commerce within specific deadlines. Applicants may
also surrender a registration and, in limited situations, petition the Director to reinstate a
registration that has been cancelled or expired.
The rules implementing the Trademark Act are set forth in 37 CFR Part 2. These rules
require that each certificate of registration include a reproduction of the mark, the
particular goods and/or services for which it is registered, ownership information, dates
of use, the number and date of the registration, and certain other information. The
USPTO provides similar information concerning pending applications. The information
set forth in the register, and information provided in pending applications, can be
accessed through the USPTO website by individuals and businesses to determine the
availability of a mark. By searching the USPTO’s database, parties may lessen the
likelihood of initiating use of a mark that was previously adopted by another party.
Additionally, the trademark registration process may lessen litigation between parties.
The USPTO is proposing to delete the non-electronic Section 7 Request from this
collection as it has been re-evaluated and determined that it was a duplication of the
Amendments and Corrections and the Surrenders categories.
The information in this collection can be submitted to the USPTO in paper or
electronically through the Trademark Electronic Application System (TEAS). There are
five electronic forms in this collection; however, there are only four official paper forms.
Individuals and businesses can submit their own paper forms, following the USPTO’s
rules and guidelines to ensure that they provide all of the necessary information.

Applicants who choose to submit their applications electronically must use the TEAS
forms.
Table 1 identifies the statutory and regulatory provisions pursuant to which the USPTO
collects the information:
Table 1: Information Requirements for Post Registration (Trademark Processing)
Requirement

Statute

Rule

Declaration of continued use or excusable non-use under
§8

15 U.S.C. § 1058

37 CFR Part 2, 2.160, 2.161,
2.164 and 2.168

Combined renewal application/declaration of continued
use of excusable non-use under §§ 8 & 9

15 U.S.C. §§ 1058 and 1059

37 CFR Part 2, 2.166, 2.168,
2.182, 2.183, and 2.185

Declaration of incontestability under § 15

15 U.S.C. § 1065

37 CFR Part 2, 2.167 and 2.168

Declaration of use/combined declaration of use and
incontestability under §§ 8 & 15

15 U.S.C. §§ 1058 and 1065

37 CFR Part 2, 2.167 and 2.168

Amendments and Corrections

15 U.S.C. § 1057

37 CFR Part 2, 2.173-2.175

Surrenders

15 U.S.C. § 1057

37 CFR Part 2, 2.172

Section 7 Request

15 U.S.C. § 1057

37 CFR Part 2, 2.173-2.175

2.

Needs and Uses

The USPTO uses the information described in this collection to process post registration
submissions. The information in this collection is a matter of public record and is used
by the public for a variety of private business purposes related to establishing and
enforcing trademark rights. The information is available at USPTO facilities, and also
can be accessed at the USPTO website. Additionally, the USPTO provides the
information to other entities, including Patent and Trademark Depository Libraries
(PTDLs). The PTDLs maintain the information for use by the public.
The Information Quality Guidelines set forth in Section 515 of Public Law 106-554,
Treasury and General Government Appropriations Act for fiscal year 2001, apply to this
information collection and comply with all applicable information quality guidelines, i.e.,
OMB and specific operating unit guidelines.
This proposed collection of information will result in information that will be collected,
maintained, and used in a way consistent with all applicable OMB and USPTO
Information Quality Guidelines.
Table 2 lists the information identified in this collection and explains how this information
is used by the public and by the USPTO:

2

Table 2: Needs and Uses of Post Registration (Trademark Processing)
Form and Function

Form #

Declaration of Use of a Mark in Commerce
Under § 8
(Ref. B)

PTO Form
1583

TEAS Declaration of Use of a Mark in
Commerce Under § 8
(Ref. C)

Needs and Uses
•
•

PTO/TM/1553

•
•

Combined Declaration of Use of a Mark in
Commerce & Application for Renewal of
Registration of a Mark Under §§ 8 & 9
(Ref. D)

PTO Form
1963

TEAS Combined Declaration of Use of a
Mark in Commerce & Application for
Renewal of Registration of a Mark Under
§§ 8 & 9
(Ref. E)

PTO Form
1963

Declaration of Incontestability of a Mark
Under § 15
(Ref. F)

PTO Form
4.16

TEAS Declaration of Incontestability of a
Mark Under § 15
(Ref. G)

PTO/TM/4.16

Combined Declaration of Use and
Incontestability of a Mark Under §§ 8 & 15
(Ref. H)

•
•

•

•

•
•
•
•

PTO Form
1583

•
•

TEAS Combined Declaration of Use and
Incontestability of a Mark Under §§ 8 and
15
(Ref. I)

PTO Form
1583

•

•

Amendments and Corrections

No Form
Associated

•
•

Surrenders

No Form
Associated

•
•

3

Used by the public to complete and file declarations of use or
excusable non-use in commerce of a registered mark.
Used by the USPTO to review declarations of use or excusable
non-use in commerce of a registered mark.
Used by the public to electronically complete and file
declarations of use or excusable non-use in commerce of a
registered mark.
Used by the USPTO to review electronically-filed declarations
of use or excusable non-use in commerce of a registered mark.
Used by the public to complete and file declarations of use or
excusable non-use in commerce of a registered mark, and to
file applications for renewal of the registration.
Used by the USPTO to process declarations of use or
excusable non-use in commerce of a registered mark, and to
process applications for renewal of the registration.
Used by the public to complete and electronically file
declarations of use or excusable non-use in commerce of a
registered mark, and to electronically file applications for
renewal of the registration.
Used by the USPTO to process electronically-filed declarations
of use or excusable non-use in commerce of a registered mark,
and to process applications for renewal of the registration.
Used by the public to complete and file assertions that a
registration has become incontestable.
Used by the USPTO to process declarations of incontestability.
Used by the public to complete and electronically file assertions
that a registration has become incontestable.
Used by the USPTO to process electronically-filed declarations
of incontestability.
Used by the public to complete and file declarations of use or
excusable non-use in commerce of a registered mark and to
submit assertions that a registration has become incontestable.
Used by the USPTO to process declarations of use or
excusable non-use and to process declarations of
incontestability.
Used by the public to complete and electronically file
declarations of use or excusable non-use in commerce of a
registered mark and to electronically submit assertions that a
registration has become incontestable.
Used by the USPTO to process electronically-filed declarations
of use or excusable non-use and to process declarations of
incontestability.
Used by the public to submit substitutions, amendments, and
corrections to an application; and to disclaim part of the mark.
Used by the USPTO to process requests for various actions
pertaining to the application during the approval process.
Used by the public to surrender a registration for cancellation.
Used by the USPTO to cancel a registration that has been
surrendered.

TEAS Section 7 Request
(Ref. J)

PTO-1597

•
•

3.

Used by the public to electronically request a correction or
amendment to the information on a certificate of registration.
Used by the USPTO to review electronic requests for
corrections or amendments to a registration and determine
whether the change is acceptable or would result in a material
alteration of the registration.

Use of Information Technology

The USPTO currently offers four IT systems in support of this collection that are
accessible through the online Trademark Electronic Business Center (TEBC). The
TEBC provides descriptions of the systems, and the systems feature online “help”
programs. Thus, the USPTO offers the public a single source for a variety of IT
systems useful both for making submissions to the USPTO and for tracking the status of
these submissions.
The USPTO provides online electronic forms through the web-accessible Trademark
Electronic Application System (TEAS). Once completed, TEAS forms are transmitted to
the USPTO via the Internet. The TEAS forms include “help” instructions, as well as a
“Form Wizard” that tailors the form to the particular characteristics of the application or
registration in question, based on responses provided by the user to questions posed by
the “Wizard.” The forms filed are received within seconds after transmission, and a
confirmation of filing is immediately issued via e-mail to the user.
Users do not affix digital signatures to the TEAS forms. Instead, these forms are signed
using a combination of alphanumeric characters that the user selects and types
between two forward slashes. TEAS forms can be signed in this manner, or the text
form of the application can be e-mailed to a second party who can then electronically
sign the application. The forms can also be signed by printing the signature page of the
form, signing it in ink, scanning the signed page, and then transmitting the entire form
and scanned signature page to the USPTO.
Please note that electronic forms can only be submitted via TEAS; filers may not e-mail
their own forms to the USPTO. Additionally, filers who submit drawings of marks that
are not “standard character” drawings must attach digitized images of these drawings to
their submissions.
The USPTO maintains an online image database of the electronic trademark application
or registration file wrapper entitled the Trademark Document Retrieval (TDR) system.
The USPTO also maintains an online system called the Trademark Application and
Registration Retrieval (TARR) system, which provides users with information regarding
the status of trademark applications and registrations. The data in the TARR system is
updated daily.
The USPTO provides a web-based record of registered marks, and marks for which
applications for registration have been submitted, called the Trademark Electronic
Search System (TESS). TESS can be used by potential applicants for trademark
4

registration to assist in the determination of whether or not a particular mark may be
available. The data in TESS is identical to the data reviewed by examining attorneys at
the USPTO in their determination of whether marks for which registration is sought are
confusingly similar to marks in existing registrations or to marks in pending applications
for registration. TESS allows for the user to choose from four different search tools, is
updated daily, and is easy to use.
4.

Efforts to Identify Duplication

This information is collected only when declarations of continued use or excusable nonuse of a mark, continued renewal applications/declarations of continued use of
excusable non-use of a mark, declarations of incontestability of a mark, declarations of
use/combined declarations of use and incontestability, amendments and corrections,
surrenders, and Section 7 requests are submitted to the USPTO. This collection does
not solicit any data already available at the USPTO. This collection does not create a
duplication of effort.
5.

Minimizing the Burden to Small Entities

The USPTO believes that the submission of the information provided places no undue
burden on small business or other small entities. The same information is required from
every customer and is not available from any other source.
6.

Consequences of Less Frequent Collection

This information collection could not be conducted less frequently, since the information
is collected only when voluntarily submitted by the public. If the information were not
collected, the public would not be able to submit declarations of use or excusable nonuse of a mark in commerce, apply for renewal of registration of a mark, declare
incontestability of a mark, surrender a mark, or submit Section 7 requests for a
correction or amendment to the information appearing on the certificate of registration.
If this information were not collected, the USPTO could not comply with the
requirements of the Trademark Act 15 U.S.C. § 1051 and 37 CFR Part 2.
7.

Special Circumstances in the Conduct of Information Collection

There are no special circumstances associated with this collection of information.
8.

Consultation Outside the Agency

The 60-Day Notice was published in the Federal Register on March 27, 2008 (73 Fed
Reg. 60). The public comment period ended on May 27, 2008. No public comments
were received.
Large and well-organized bar associations frequently communicate their views to the
USPTO. Also, the Trademark Public Advisory Committee (T-PAC) was created by the
American Inventors Protection Act of 1999 to advise the Director of the USPTO on the
5

agency’s operations, including its goals, performance, budget, and user fees. T-PAC
includes nine voting members who are appointed by and serve at the pleasure of the
Secretary of Commerce. The statute also provides non-voting membership on the
Committee for the agency’s three recognized unions. Members include inventors,
lawyers, corporate executives, entrepreneurs, and academicians with significant
experience in management, finance, science, technology, labor relations, and
intellectual property issues. The members of T-PAC reflect the broad array of USPTO’s
stakeholders and embrace the USPTO’s e-government initiative. This diversity of
interests is an effective tool in helping the USPTO nurture and protect the intellectual
property that is the underpinning of America’s strong economy.
9.

Payment or Gifts to Respondents

This information collection does not involve a payment or gift to any respondent.
10.

Assurance of Confidentiality

Trademark applications and registrations are open to public inspection. Confidentiality
is not required in the processing of trademark applications.
Apart from the substantive components and burden statements, the TEAS forms also
include a link to the USPTO’s Web Privacy Policy. The “Privacy Policy Statement” link
is located above the PRA Burden Statement found at the end of the “Wizard” and at the
end of the forms themselves. The Web Privacy Policy Statement explains how the
USPTO handles any personal information collected from the public through the website,
and how it handles e-mails. Additionally, the statement also explains what information
is collected through the USPTO’s Kids Pages, and whether and why the USPTO uses
cookies to collect information.
11.

Justification for Sensitive Questions

None of the required information in this collection is considered to be of a sensitive
nature.
12.

Estimate of Hour and Cost Burden to Respondents

Table 3 calculates the anticipated burden hours and costs of this information collection
to the public, based on the following factors:
•

Respondent Calculation Factors

The USPTO estimates that it will receive approximately 127,136 responses per
year for this collection, with 106,527 of them filed electronically.
•

Burden Hour Calculation Factors
The USPTO estimates that it will take the public an average of 3 to 30 minutes (0.05 to
0.50 hours) to complete the collections of information described in this submission,
depending on the nature of the information. This includes time to gather the necessary
information, create the documents, and mail the completed paper request. The time
6

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.
•

Cost Burden Calculation Factors
The professional rate of $310 per hour used in this submission to calculate respondent
cost burden is the median rate for associate attorneys in private firms as published in the
2007 report of the Committee on Economics of Legal Practice of the American
Intellectual Property Law Association. This report summarized the results of a survey
with data on hourly billing rates. This is a fully-loaded hourly rate.
The USPTO expects that the information in this collection will primarily be prepared by
attorneys, although some submissions may be prepared by pro se registrants.

Table 3: Burden Hour/Burden Cost to Respondents for Post Registration (Trademark Processing)
Item

Hours (a)

Responses
(yr)
(b)

Burden
(hrs/yr)
(c)
(a) x (b)

Rate
($/hr)
(d)

Total Cost
($/hr)
(e)
(c) x (d)

Declaration of Use of a Mark in Commerce Under § 8

0.18

1,525

275

$310.00

$85,250.00

TEAS Declaration of Use of a Mark in Commerce Under
§8
(PTO Form 1553)

0.17

11,550

1,964

$310.00

$608,840.00

Combined Declaration of Use in Commerce &
Application for Renewal of Registration of a Mark Under
§§ 8 & 9

0.23

2,708

623

$310.00

$193,130.00

TEAS Combined Declaration of Use in Commerce &
Application for Renewal of Registration of a Mark Under
§§ 8 & 9
(PTO Form 1963)

0.20

37,108

7,422

$310.00

$2,300,820.00

Declaration of Incontestability of a Mark Under § 15

0.05

92

5

$310.00

$1,550.00

TEAS Declaration of Incontestability of a Mark Under
§ 15
(PTO Form 4.16)

0.10

508

51

$310.00

$15,810.00

Combined Declaration of Use & Incontestability Under
§§ 8 & 15

0.08

10,514

841

$310.00

$260,710.00

TEAS Combined Declaration of Use & Incontestability
Under §§ 8 & 15
(PTO Form 1583)

0.05

55,461

2,773

$310.00

$859,630.00

Amendments and Corrections

0.50

5,304

2,652

$310.00

$822,120.00

Surrenders

0.50

466

233

$310.00

$72,230.00

TEAS Section 7 Request
(PTO Form 1597 )

0.33

1,900

627

$310.00

$194,370.00

Total

- - - -

127,136

17,466

- - - -

$5,414,460.00

13.

Total Annualized Non-hour Cost Burden

There are no capital start-up, maintenance, or record keeping costs. There is, however,
non-hour cost burden in the way of postage costs and filing fees.
7

Applicants and registrants incur postage costs when submitting non-electronic
information to the USPTO by mail through the United States Postal Service. The
USPTO estimates that 20,609 submissions are made via first class mail. First class
postage is 42 cents. Therefore, a total estimated mailing cost of $8,657 is incurred for
this collection.
Table 4 calculates the postage costs for this collection of information:
Table 4: Postage Costs for Post Registration (Trademark Processing)
Item

Responses
(yr)
(a)

Postage Costs
(b)

Total Cost
(yr)
(a) x (b)

Declaration of Use of a Mark in Commerce Under § 8

1,525

$0.42

$641.00

Combined Declaration of Use in Commerce & Application for Renewal
of Registration of a Mark Under §§ 8 & 9

2,708

$0.42

$1,137.00

92

$0.42

$39.00

10,514

$0.42

$4,416.00

5,304

$0.42

$2,228.00

466

$0.42

$196.00

20,609

- - - - -

$8,657.00

Declaration of Incontestability of a Mark Under § 15
Combined Declaration of Use & Incontestability Under §§ 8 & 15
Amendments and Corrections
Surrenders
Total

Filing fees of $41,785,100 are associated with this collection. The filing fees are based
on per class filing of goods and services; therefore, the total filing fees can vary
depending on the number of classes. There is a $100 filing fee for Section 7 Requests
unless the correction is due to a USPTO error, in which case there is no fee. The
USPTO estimates that approximately 1,267 of the 1,900 expected Section 7 Requests
would require the fee. The filing fees shown here are the minimum fees associated with
this information collection.
Table 5 calculates the filing fees associated with this collection of information:
Table 5: Filing Fees – Non-hour Cost Burden for Post Registration (Trademark Processing)
Item

Responses
(yr)
(a)

Declaration of Use of a Mark in Commerce Under § 8
TEAS Declaration of Use of a Mark in Commerce Under § 8
Combined Declaration of Use in Commerce & Application for Renewal of
Registration of a Mark Under §§ 8 & 9
TEAS Combined Declaration of Use in Commerce & Application for Renewal of
Registration of a Mark Under §§ 8 & 9
Declaration of Incontestability of a Mark Under § 15

8

Filing
fee
($)
(b)

Total Non-Hour
Cost Burden
(yr)
(a) x (b)
(c)

1,525

$100.00

$152,500.00

11,550

$100.00

$1,155,000.00

2,708

$500.00

$1,354,000.00

37,108

$500.00

$18,554,000.00

92

$200.00

$18,400.00

TEAS Declaration of Incontestability of a Mark Under § 15

508

$200.00

$101,600.00

Combined Declaration of Use & Incontestability Under §§ 8 & 15

10,514

$300.00

$3,154,200.00

TEAS Combined Declaration of Use & Incontestability Under §§ 8 & 15

55,461

$300.00

$16,638,300.00

5,304

$100.00

$530,400.00

466

$0.00

$0.00

1,267

$100.00

$126,700.00

126,503

- - - - -

$41,785,100.00

Amendments and Corrections
Surrenders
TEAS Section 7 Request
Total

In sum, the total annual non-hour cost burden for this collection in the form of postage
costs ($8,657) and filing fees ($41,785,100) amounts to $41,793,757.
14.

Annual Cost to the Federal Government

The USPTO estimates that it takes the combined efforts of a GS-5, step 5 and a GS-7,
step 5 employee 7 minutes (0.12 hours) to process the declaration of use of a mark in
commerce under § 8, the combined declaration of use in commerce and application for
renewal of registration of a mark under §§ 8 & 9, the declaration of incontestability of a
mark under § 15, the combined declaration of use & incontestability under §§ 8 & 15,
amendments and corrections, and surrenders if they are submitted on paper. In the
case of the electronically filed submissions, the USPTO estimates that it takes 4
minutes (0.07 hours) to process that information. The USPTO estimates that it takes
the combined efforts of a GS-9, step 5 and a GS-11, step 5 employee 30 minutes (0.50
hours) to process a Section 7 Request submitted online via TEAS.
The hourly rate for a GS-5, step 5 is currently $18.07 and for a GS-7, step 5 it is
currently $22.38, for an average hourly rate of $20.23. When 30% is added to account
for a fully loaded hourly rate (benefits and overhead), the cost per hour for these
contractors is $26.30 ($20.23 + $6.07). The hourly rate for a GS-9, step 5 is currently
$27.37 and for a GS-11, step 5 it is currently $33.12, for an average hourly rate of
$30.25. When 30% is added to account for a fully loaded hourly rate (benefits and
overhead), the cost per hour for these contractors is $39.33 ($30.25 + $9.08).
Table 6 calculates the processing hours and costs of this information collection to the
Federal Government:
Table 6: Burden Hour/Burden Cost to the Federal Government for Post Registration (Trademark
Processing)
Item

Hours
(a)

Responses
(yr)
(b)

Burden
(hrs/yr)
(c)
(a) x (b)

Rate
($/hr)
(d)

Total Cost
($/hr)
(e)
(c) x (d)

Declaration of Use of a Mark in Commerce Under § 8

0.12

1,525

183

$26.30

$4,813.00

TEAS Declaration of Use of a mark in Commerce
Under § 8

0.07

11,550

809

$26.30

$21,277.00

9

Combined Declaration of Use in Commerce &
Application for Renewal of Registration of a Mark
Under §§ 8 & 9

0.12

2,708

325

$26.30

$8,548.00

TEAS Combined Declaration of Use in Commerce &
Application for Renewal of Registration of a Mark
Under §§ 8 & 9

0.07

37,108

2,598

$26.30

$68,327.00

Declaration of Incontestability of a Mark Under § 15

0.12

92

11

$26.30

$289.00

TEAS Declaration of Incontestability Under § 15

0.07

508

36

$26.30

$947.00

Combined Declaration of Use & Incontestability Under
§§ 8 & 15

0.12

10,514

1,262

$26.30

$33,191.00

TEAS Combined Declaration of Use & Incontestability
Under §§ 8 & 15

0.07

55,461

3,882

$26.30

$102,097.00

Amendments and Corrections

0.12

5,304

636

$26.30

$16,727.00

Surrenders

0.12

466

56

$26.30

$1,473.00

TEAS Section 7 Request

0.50

1,900

950

$39.33

$37,364.00

127,136

10,748

- - - - -

$295,053.00

Total

15.

- - - - -

Reason for Change in Burden

Summary of Changes Since the Previous Renewal
The renewal of this information collection was approved by OMB in October of 2005
with a total of 129,787 responses and 19,748 burden hours per year. A proposed
addition of the Section 7 Request was approved by OMB on 12/03/08, increasing the
annual responses to 133,587 and the annual burden hours to 21,097. With this
renewal, the USPTO estimates that the responses will be 127,136 and the burden hours
17,466, which is a decrease of 6,451 responses and 3,631 burden hours from the
currently approved burden for this collection.
The USPTO estimates that the total annual (non-hour) cost burden will increase by
$3,361,678 for this renewal, from $38,432,079 currently reported on the OMB inventory
to the present $41,793,757 per year.
Change in Burden Estimates Since the 60-Day Federal Register Notice
The 60-Day Federal Register Notice, published in March 2008, reported that the
USPTO estimated it would receive 106,030 responses resulting in 16,689 burden hours
per year. Since that publication there have been adjustments in the number of
responses, increasing the responses by 21,106 and the burden hours by 777, resulting
in the present 127,136 responses and 17,466 burden hours being reported for this
submission.

10

The 60-Day Federal Register Notice reported total (non-hour) cost burden in the amount
of $37,153,771. (Non-hour) cost burden is being increased in this submission to
$41,793,757 due to an increase in the number of responses.
Change in Respondent Cost Burden
In 2005, the estimated hourly rate for attorneys was $286. Using that rate, the reported
burden hours yielded a respondent cost burden of $5,647,928. The proposed addition
of the Section 7 Requests reported an updated estimated hourly rate for attorneys of
$304 for those two items, adding $410,096 to the respondent cost burden, for a total of
$6,058,024. This renewal reports an estimated hourly rate of $310 for a respondent cost
burden of $5,414,460, a decrease of $643,564 due to the decrease in total burden
hours for the collection.
Changes in Response and Burden Hours
With this renewal, the number of responses decreased by 6,451, from 133,587 to
127,136 and the burden hours decreased by 3,631, from 21,097 to the present 17,466
per year. The decrease in burden hours is due to a revised number of submissions as
an administrative adjustment and the elimination of the paper Section 7 Requests as a
program change, as follows:
•

The USPTO believes that the number of Declarations of Use of a Mark in
Commerce Under § 8 submitted per year will decrease by 6,695 responses, from
8,220 to 1,525. Therefore, this submission takes a burden decrease of 1,205
hours as an administrative adjustment.

•

The USPTO believes that the number of TEAS Declarations of Use of a Mark in
Commerce Under § 8 submitted per year will decrease by 21,330 responses,
from 32,880 to 11,550. Therefore, this submission takes a burden decrease
of 3,626 hours as an administrative adjustment.

•

The USPTO believes that the number of Combined Declarations of Use in
Commerce & Applications for Renewal of Registrations of a Mark Under §§ 8 & 9
submitted per year will decrease by 5,512 responses, from 8,220 to 2,708.
Therefore, this submission takes a burden decrease of 1,268 hours as an
administrative adjustment.

•

The USPTO believes that the number of TEAS Combined Declarations of Use in
Commerce & Applications for Renewal of Registrations of a Mark Under §§ 8 & 9
submitted per year will increase by 4,228 responses, from 32,880 to 37,108.
Therefore, this submission takes a burden increase of 846 hours as an
administrative adjustment.

•

The USPTO believes that the number of Declarations of Incontestability of a
Mark Under § 15 submitted per year will increase by 5 responses, from 87 to 92.

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Therefore, this submission takes a burden increase of 1 hour as an
administrative adjustment.
•

The USPTO believes that the number of TEAS Declarations of Incontestability of
a Mark Under § 15 submitted per year will increase by 158 responses, from 350
to 508. Therefore, this submission takes a burden increase of 16 hours as
an administrative adjustment.

•

The USPTO believes that the number of Combined Declarations of Use &
Incontestability Under §§ 8 & 15 submitted per year will increase by 1,774
responses, from 8,740 to 10,514. Therefore, this submission takes a burden
increase of 142 hours as an administrative adjustment.

•

The USPTO believes that the number of TEAS Combined Declarations of Use &
Incontestability Under §§ 8 & 15 submitted per year will increase by 20,501
responses, from 34,960 to 55,461. Therefore, this submission takes a burden
increase of 1,025 hours as an administrative adjustment.

•

The USPTO believes that the number of Amendments and Corrections submitted
per year will increase by 2,204 responses, from 3,100 to 5,304. Therefore, this
submission takes a burden increase of 1,102 hours as an administrative
adjustment.

•

The USPTO believes that the number of Surrenders submitted per year will
increase by 100 responses, from 350 to 466. Therefore, this submission takes
a burden increase of 58 hours as an administrative adjustment.

•

The USPTO is proposing the delete the paper Section 7 Request information
requirement that was added into the collection as a proposed amendment as it
has been re-evaluated and determined that it was a duplication of the
Amendments and Corrections and the Surrenders categories. Therefore, this
collection takes a burden decrease of 722 hours as a program change.

A total of 3,631 burden hours have been reduced from this collection due to a
decrease in submissions and the elimination of the paper Section 7 Requests
category. This results in a total net burden hour decrease of 2,909 hours as an
administrative adjustment and 722 hours as a program change.
Changes in Annualized (Non-hour) Cost Burden
For this renewal, the USPTO estimates that the total annual non-hour costs will
increase by $3,361,678, from $38,432,079 currently reported on the OMB inventory to
the present $41,793,757 per year. This increase is due to the adjustments in estimated
responses and an increase in postage rates, but is partially offset by the elimination of
the paper Section 7 Requests. Therefore, this collection has a net increase in
annualized (non-hour) cost burden of $3,361,678, with an increase of $3,489,107

12

as an administrative adjustment offset by a decrease of $127,429 as a program
change.
16.

Project Schedule

There is no plan to publish this information for statistical use.
17.

Display of Expiration Date of OMB Approval

The forms in this information collection will display the OMB Control Number and the
date on which OMB’s approval of this information collection expires.
18.

Exception to the Certificate Statement

This collection of information does not include any exceptions to the certificate
statement.

B.

COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This collection of information does not employ statistical methods.

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REFERENCES
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.

USPTO Information Quality Guidelines
Declaration of Use of a Mark in Commerce Under § 8 (PTO Form 1583)
TEAS Declaration of Use of a Mark in Commerce Under § 8 (PTO/TM/1553)
Combined Declaration of Use of a Mark in Commerce & Application for Renewal of
Registration of a Mark under §§ 8 & 9 (PTO Form 1963)
TEAS Combined Declaration of Use of a Mark in Commerce & Application for Renewal
of Registration of a Mark under §§ 8 & 9 (PTO Form 1963)
Declaration of Incontestability of a Mark Under § 15 (PTO Form 4.16)
TEAS Declaration of Incontestability of a Mark Under § 15 (PTO/TM/4.16)
Combined Declaration of Use and Incontestability of a Mark Under §§ 8 and 15 (PTO
Form 1583)
TEAS Combined Declaration of Use and Incontestability of a Mark Under §§ 8 and 15
(PTO Form 1583)
TEAS Section 7 Request (PTO Form 1597)

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