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. This information
collection addresses submissions required by the regulations at 37
CFR part 2 for initial applications regarding the registration of
trademarks, service marks, collective trademarks and service marks,
collective membership marks, and certification marks. These
regulations also mandate that each registered mark appear in the
principle register or supplemental register, and that each entry
include the mark, the goods and/or services in connection with
which the mark is used, ownership information, dates of use, and
certain other information. The USPTO also provides similar
information concerning pending applications. The register and
pending application information may be accessed by an individual or
by businesses to determine the availability of a mark. By accessing
the USPTO's information, parties may reduce the possibility of
initiating use of a mark previously adopted by another. The Federal
trademark registration process may thereby reduce the number of
filings between both litigating parties and the courts.
Changes in Responses and Burden
Hours For this renewal, the USPTO estimates that the annual
responses will increase by 69,238 (from 437,599 to 506,837) and the
total burden hours will increase by 164,334 (from 213,496 to
377,830) from the currently approved burden for this information
collection. Changes in Respondent Cost Burden The total respondent
cost burden for this information collection has increased by
$57,621,348 (from $93,510,652 to $151,132,000 from the previous
approval of this information collection: • Increase in estimated
hourly rates. The previous renewal used an estimated rate of $438
per hour for respondents to this information collection, which was
the estimated attorney rate at the time. For the current renewal,
the USPTO is using an updated hourly rate of $400 for attorneys. •
Increases in estimates burden hours. The total estimated burden
hours have increased from 213,496 in the previous approval to
377,830 for the current renewal due to overall increases in the
estimated annual responses for this information collection. Changes
in Annual (Non-hour) Costs For this renewal, the USPTO estimates
that the total annual (non-hour) costs will increase by $42,165,432
(from $110,829,100 to $152,994,532). This change is due to
administrative adjustments.
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:
(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;
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.
Form PTO Form 1478 Use-Based Trademark/Service Mark Applications (TEAS Standard)
0651-0009 Supporting Statement 2021_2_25 final.docx
Trademark Act, 15 U.S.C. § 1051 (1946).pdf
Use-Based Trademark/Service Mark Applications (TEAS Standard)