Changes To Implement
Provisions of the Trademark Modernization Act of 2020
New
collection (Request for a new OMB Control Number)
No
Regular
11/17/2021
Requested
Previously Approved
36 Months From Approved
14,931
0
36,908
0
2,421,403
0
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 regulations
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.
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 2301 Petition to Director (Individuals or Households)
TMA ss 20211117.docx
Trademark Moderization Act.pdf
Petition to Director (Individuals or Households)