0651-0054 CWS July 2016

0651-0054 CWS July 2016 Final.docx

Substantive Submissions Made During Prosecution of the Trademark Application

0651-0054 CWS July 2016

OMB: 0651-0054

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JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Substantive Submissions Made During the Prosecution

of the Trademark Application

OMB Control Number 0651-0054


Background


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).


The request is to update the fees attached to this collection that are affected by the rulemaking NPRM 0651-AD08. Respondent numbers are also changing due to agency discretion in conjunction with the rule.


Fees

Item

Currently Approved Fee

Proposed Fee

Fee Increase

Request to Divide an Application Filed on Paper, per New Application Created

$100

$200

$100

Filing an Amendment to Allege Use under §1(c) of the Act on Paper, per Class

$100

$200

$100

Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class

$100

$200

$100

Filing a Request under §1(d)(2) of the Act for a Six-Month Extension of Time for Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class

$150

$250

$100

Petitions to the Director Filed on Paper

$100

$200

$100



Respondents

Item

Currently Approved Respondents

Proposed Respondents

Respondent Increase

Request to Divide an Application Filed on Paper, per New Application Created

39

44

5

Filing an Amendment to Allege Use under §1(c) of the Act on Paper, per Class

1,704

*previously counted together as

Trademark/Service Mark Allegation of Use (Amendment to Allege Use/Statement of Use) (Paper)”

69



-1,271

Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class

364

Filing a Request under §1(d)(2) of the Act for a Six-Month Extension of Time for Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class

1,819

1,032

-787

Petitions to the Director Filed on Paper

12

3

-9

Totals

---

---

-2,062


Fee Total Increases

Item

Currently Approved Estimate

Proposed Estimate

Fee Increases

Request to Divide an Application Filed on Paper, per New Application Created

$3,900

$8,800

$4,900

Filing an Amendment to Allege Use under §1(c) of the Act on Paper, per Class

$170,400* (see above)

$13,800


-$83,800

Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class

$72,800

Filing a Request under §1(d)(2) of the Act for a Six-Month Extension of Time for Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class

$272,850

$258,000

-$14,850

Petitions to the Director Filed on Paper

$1,200

$600

-$600

Totals

---

---

-$94,350


Summary of Changes


The decrease of $94,350 in fees and 2,062 responses from collection 0651-0054 is on account of the changes following the rulemaking action NPRM 0651-AD08.


Changes in Burden


Burden Type

Currently Approved

Proposed Change

New Estimate

Respondents

292,706

-2,062

290,664

Non-hour costs

$37,707,606

-$94,350

$37,613,256


Consequently, this collection takes a net burden decrease of $94,350 in annual (non-hour) costs as a program change.


The 0651-0054 revised total burden is as follows:


  • 290,664 respondents

  • $37,613,256 in annual (non-hour) fees



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AuthorHall, Drew (AMBIT)
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