Changes To Implement Provisions of the Trademark Modernization Act of 2020

Forms and Documents

Document Name	Status
Form PTO Form 2313 Response to Ex Parte Director-Initiated Reexamination Office Action (Individuals or Households) Form	New
Form PTO Form 2313 Response to Ex Parte Director-Initiated Reexamination Office Action (Private Sector) Form	New
Form PTO Form 2313 Response to Ex Parte Reexamination Office Action (Individuals or Households) Form	New
Form PTO Form 2313 Response to Ex Parte Reexamination Office Action (Private Sector) Form	New
Form PTO Form 2312 Petition for Ex Parte Reexamination (Individuals or Households) Form	New
Form PTO Form 2312 Petition for Ex Parte Reexamination (Private Sector) Form	New
Form PTO Form 2313 Response to Director-Initiated Expungement Office Action (Individuals or Households) Form	New
Form PTO Form 2313 Response to Director-Initiated Expungement Office Action (Private Sector) Form	New
Form PTO Form 2313 Response to Ex Parte Expungement Office Action (Individuals or Households) Form	New
Form PTO Form 2312 Petition for Ex Parte Expungement (Individuals and Households) Form	New
Form PTO Form 2313 Response to Ex Parte Expungement Office Action (Private Sector) Form	New
Form PTO Form 2312 Petition for Ex Parte Expungement (Private Sector) Form and Instruction	New
0651-TMA Supporting Statement 2021 final.docx Supporting Statement A	2021-05-18
Trademark Moderization Act.pdf Supplementary Document	2021-05-10
Information Quality Guidelines _ USPTO.pdf Supplementary Document	2021-05-07

IC Document Collections

IC ID	Document Title	Status
247258	Request for Extension of Time for Filing a Response to Office Action (Individuals or Households)	New
247257	Request for Extension of Time for Filing a Response to Office Action (Private Sector)	New
247256	Response to Ex Parte Director-Initiated Reexamination Office Action (Individuals or Households) Form	New
247255	Response to Ex Parte Director-Initiated Reexamination Office Action (Private Sector) Form	New
247254	Response to Ex Parte Reexamination Office Action (Individuals or Households) Form	New
247253	Response to Ex Parte Reexamination Office Action (Private Sector) Form	New
247252	Petition for Ex Parte Reexamination (Individuals or Households) Form	New
247251	Petition for Ex Parte Reexamination (Private Sector) Form	New
247250	Response to Director-Initiated Expungement Office Action (Individuals or Households) Form	New
247249	Response to Director-Initiated Expungement Office Action (Private Sector) Form	New
247248	Response to Ex Parte Expungement Office Action (Individuals or Households) Form	New
247247	Petition for Ex Parte Expungement (Individuals and Households) Form	New
247246	Response to Ex Parte Expungement Office Action (Private Sector) Form	New
247245	Petition for Ex Parte Expungement (Private Sector) Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202105-0651-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Changes To Implement Provisions of the Trademark Modernization Act of 2020
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/18/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	11,116	0
Time Burden (Hours)	10,865	0
Cost Burden (Dollars)	2,810,666	0

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Abstract: 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. The rules implementing the Trademark Act are set forth in 37 CFR Part 2. This information collection addresses submissions covered by 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. The USPTO is also authorized to promulgate regulations to set flexible Office action response periods between 60 days and 6 months, with an option for applicants to extend the deadline up to a maximum of 6 months from the Office action issue date. Id. at § 224. In addition, the TMA includes statutory authority for the USPTO’s letter-of-protest procedures, which allow third parties to submit evidence to the USPTO relevant to a trademark’s registrability during the initial examination of the trademark application, and provides that the decision whether to include such evidence in the application record is final and non-reviewable.

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Authorizing Statute(s): PL: Pub.L. 116 - 260 221 Name of Law: Trademark Modernization Act of 2020
  

Citations for New Statutory Requirements: PL: Pub.L. 116 - 260 221 Name of Law: Trademark Modernization Act of 2020

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AD55	Proposed rulemaking	86 FR 26862	05/18/2021

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 14

IC Title	Form No.	Form Name
Petition for Ex Parte Expungement (Individuals and Households)	PTO Form 2312	Petition for Expungement and Reexamination
Petition for Ex Parte Expungement (Private Sector)	PTO Form 2312	Petition for Expungement and Reexamination
Petition for Ex Parte Reexamination (Individuals or Households)	PTO Form 2312	Petition for Expungement and Reexamination
Petition for Ex Parte Reexamination (Private Sector)	PTO Form 2312	Petition for Expungement and Reexamination
Request for Extension of Time for Filing a Response to Office Action (Individuals or Households)
Request for Extension of Time for Filing a Response to Office Action (Private Sector)
Response to Director-Initiated Expungement Office Action (Individuals or Households)	PTO Form 2313	Response to Office Action for Expungement and Reexamination
Response to Director-Initiated Expungement Office Action (Private Sector)	PTO Form 2313	Response to Office Action for Expungement and Reexamination
Response to Ex Parte Director-Initiated Reexamination Office Action (Individuals or Households)	PTO Form 2313	Response to Office Action for Expungement and Reexamination
Response to Ex Parte Director-Initiated Reexamination Office Action (Private Sector)	PTO Form 2313	Response to Office Action for Expungement and Reexamination
Response to Ex Parte Expungement Office Action (Individuals or Households)	PTO Form 2313	Response to Office Action for Expungement and Reexamination
Response to Ex Parte Expungement Office Action (Private Sector)	PTO Form 2313	Response to Office Action for Expungement and Reexamination
Response to Ex Parte Reexamination Office Action (Individuals or Households)	PTO Form 2313	Response to Office Action for Expungement and Reexamination
Response to Ex Parte Reexamination Office Action (Private Sector)	PTO Form 2313	Response to Office Action for Expungement and Reexamination

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ICR Summary of Burden

	Total Request	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	11,116	0	11,116	0	0	0
Annual Time Burden (Hours)	10,865	0	10,865	0	0	0
Annual Cost Burden (Dollars)	2,810,666	0	2,810,666	0	0	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: This is a new information collection.

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Annual Cost to Federal Government: $15,511,034

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.     Yes

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.     Yes

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: 05/18/2021

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