Madrid Protocol

Forms and Documents

Document Name	Status
Form PTO-2131 Application for International Registration (TEAS) Form and Instruction	Modified
Form MM4 Subsequent Designation at WIPO Form	Removed
Form MM2 Application Filed at WIPO Form	Removed
Form PTO-1683 Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (TEAS) Form and Instruction	Modified
Form PTO-1663 Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (TEAS) Form and Instruction	Modified
Form PTO-2133 Response to Notice of Irregularity (TEAS) Form and Instruction	Modified
Form PTO-2132 Application for Subsequent Designation (TEAS) Form and Instruction	Modified
0651-0051 Supporting Statement February 2019.docx Supporting Statement A	2019-02-27
USPTO Information Quality Guidelines.pdf Supplementary Document	2019-02-27
0651-0051 CWS January 2017 Draft.docx Justification for No Material/Nonsubstantive Change	2017-01-19
0651-0051 CWS October 2016 Final.docx Justification for No Material/Nonsubstantive Change	2016-10-21

IC Document Collections

IC ID	Document Title	Status
4779	Application for International Registration (TEAS) Form and Instruction	Modified
235009	Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (TEAS Global)	New
223198	Affidavit Under §71 of the Act During the Grace Period (paper)	Removed
223163	Affidavit Under §71 of the Act During the Grace Period (electronic)	Removed
223147	Subsequent Designation at WIPO Form	Removed
223146	Application Filed at WIPO Form	Removed
201642	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (paper)	Modified
201641	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (TEAS) Form and Instruction	Modified
201640	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (paper)	Modified
201639	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (TEAS) Form and Instruction	Modified
201638	Petition to Director to Review Denial of Certification of International Application (paper)	Modified
201637	Transformation Request (paper)	Modified
201635	Replacement Request (paper)	Modified
201634	Response to Notice of Irregularity (paper)	Modified
201633	Application for Subsequent Designation (paper)	Modified
201632	Application for International Registration (paper)	Modified
188795	Petition to Director to Review Denial of Certification of International Application (TEAS) Other-TEAS Global Form	Modified
188792	Transformation Request (TEAS) Other-TEAS Global Form	Modified
188791	Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper)	Modified
188790	Replacement Request (TEAS) Other-TEAS Global Form	Modified
188789	Response to Notice of Irregularity (TEAS) Form and Instruction	Modified
188788	Application for Subsequent Designation (TEAS) Form and Instruction	Modified

ICR Details

OMB Control No: 0651-0051	ICR Reference No: 201902-0651-001
Status: Active	Previous ICR Reference No: 201701-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Madrid Protocol
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/22/2019
	Date Received in OIRA: 02/28/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2022	36 Months From Approved	03/31/2020
Responses	14,691	0	46,363
Time Burden (Hours)	4,878	0	5,190
Cost Burden (Dollars)	12,182,389	0	13,813,980

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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 certificate 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). 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. 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 applicant must be a national of the United States, be domiciled in the United States, and have a real and effective industrial or commercial established in the United States. 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 issues an international registration number, publishes the registration in the WIPO Gazette of International Marks, and sends a certification to the holder. 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 items in this collection online using the Trademark Electronic Application System (TEAS), available through the USPTO website. Applicants may also submit the items in this collection on paper or by using the forms provided by the IB, available on the WIPO website the IB requires Applications for International Registration and Applications for Subsequent Designation that are filed on paper be submitted on the official IB forms.

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Authorizing Statute(s): US Code: 15 USC 1141a, b, d, j(c), k, l, n Name of Law: null
   US Code: 15 USC 1065 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 63839	12/12/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 6135	02/26/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

IC Title	Form No.	Form Name
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (TEAS)	PTO-1683	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (paper)
Transformation Request (TEAS)
Petition to Director to Review Denial of Certification of International Application (TEAS)
Application for International Registration (TEAS)	MM2, PTO-2131	Application for International Registration ,   Application for International Registration Governed Exclusive by the Madrid Protocol
Application for Subsequent Designation (TEAS)	MM4, PTO-2132	Application for Subsequent Designation ,   Designation Subsequent to the International Registration
Response to Notice of Irregularity (TEAS)	PTO-2133	Response to Notice of Irregularity
Replacement Request (TEAS)
Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (paper)
Application for International Registration (paper)
Application for Subsequent Designation (paper)
Response to Notice of Irregularity (paper)
Replacement Request (paper)
Transformation Request (paper)
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (paper)
Petition to Director to Review Denial of Certification of International Application (paper)
Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration (TEAS Global)
Application Filed at WIPO	MM2	Application for International Registration Governed Exclusively by the Madrid Protocol
Subsequent Designation at WIPO	MM4	Designation Subsequent to the International Registration
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (TEAS)	PTO-1663	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
Affidavit Under §71 of the Act During the Grace Period (electronic)
Affidavit Under §71 of the Act During the Grace Period (paper)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	14,691	46,363	0	1	-31,673	0
Annual Time Burden (Hours)	4,878	5,190	0	0	-312	0
Annual Cost Burden (Dollars)	12,182,389	13,813,980	0	0	-1,631,591	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $182,484

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/28/2019

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