Native American Tribal Insignia Database

Forms and Documents

Document Name	Status
Establishment of Tribal Insignia Database.pdf Supplementary Document	2020-05-28
Native American Tribal Insignia 60 day notice.pdf Supplementary Document	2020-05-28
0651-0048-Supporting Statement-2020.docx Supporting Statement A	2020-05-28
Information Quality Guidelines _ USPTO.pdf Supplementary Document	2020-05-28
TRADEMARK LAW TREATY IMPLEMENTATION.pdf Supplementary Document	2020-05-28

IC Document Collections

IC ID	Document Title	Status
4775	Request to Record an Official Insignia of a Federally Recognized Tribe	Modified
183360	Request to Record an Official Insignia of a State-Recognized Tribe	Modified

ICR Details

OMB Control No: 0651-0048	ICR Reference No: 202001-0651-005
Status: Active	Previous ICR Reference No: 201703-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Native American Tribal Insignia Database
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: 07/09/2020
	Date Received in OIRA: 05/29/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2023	36 Months From Approved	07/31/2020
Responses	5	0	4
Time Burden (Hours)	5	0	4
Cost Burden (Dollars)	39	0	5

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Abstract: The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-330, § 302, 112 Stat. 3071) required the USPTO to study issues surrounding the protection of the official insignia of federally and state-recognized Native American tribes under trademark law. At the direction of Congress, the USPTO created a database containing the official insignia of recognized Native American tribes. The USPTO database of official tribal insignias provides evidence of what a federally or state-recognized Native American tribe considers to be its official insignia. The database thereby assists trademark examining attorneys in their examination of applications for trademark registration by serving as a reference for determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. § 1051 et seq. This information collection is used by the USPTO to enter an official insignia submitted by a federally or state-recognized Native American tribe into the database. There are no forms associated with this information collection.

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Authorizing Statute(s): PL: Pub.L. 105 - 330 302 Name of Law: Trademark Law Treaty Implementation Act
  

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:
	85 FR 14926	03/16/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 32361	05/29/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Request to Record an Official Insignia of a Federally Recognized Tribe
Request to Record an Official Insignia of a State-Recognized Tribe

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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	5	4	0	0	1	0
Annual Time Burden (Hours)	5	4	0	0	1	0
Annual Cost Burden (Dollars)	39	5	0	0	34	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: The USPTO estimates 5 total annual responses and 5 total annual burden hours, which results in an adjustments of 1 additional response and 1 additional burden hour from the currently approved burden for this information collection. The slight increase in annual (non-hourly) costs is due to an increase in the estimated postage costs for items mailed to the USPTO.

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Annual Cost to Federal Government: $319

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? No

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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: 05/29/2020

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