The United States Patent and Trademark
Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 et
seq., which provides for the registration of trademarks, service
marks, collective trademarks and collective service marks,
collective membership marks, and certification marks. Individuals
and businesses that use or intend to use such marks in commerce may
file an application to register their marks with the USPTO. This
information collection covers various trademark related
communications to the USPTO, including letters of protest, requests
to make special, responses to petition inquiry letters, petitions
to make special, requests to restore a filing date, and requests
for reinstatement. The information is used by the public for a
variety of private business purposes related to establishing and
enforcing trademark rights. Information relating to the
registration of a trademark is made available to the public by the
USPTO. However, the release of information in a letter of protest
is controlled and may be available only upon request. A letter of
protest is a procedure whereby third parties who object to the
registration of a mark in a pending application may bring to the
attention of the USPTO evidence bearing on the registrability of
the mark. A letter of protest must identify the application being
protested and the proposed grounds for refusing registration and
include relevant evidence to support the protest. A request to make
special may be submitted where an applicant requests that initial
examination of an application be advanced out of its regular order
because the mark in the application was the subject of an
inadvertently cancelled or expired previous registration. A
response to a petition inquiry letter is submitted by a petitioner
who is responding to a notice of deficiency that the USPTO issued
after receiving an incomplete petition to the Director. A petition
may be considered incomplete if, for example, it does not include
the fee required by 37 CFR 2.6 or if it includes an unverified
assertion that is not supported by evidence. The USPTO generally
examines applications in the order in which they are received. A
petition to make special is a request by the applicant to advance
the initial examination of an application out of its regular order.
A request to restore a filing date is submitted by an applicant who
previously filed an application that was denied a filing date. The
request must include evidence showing that the applicant is
entitled to the earlier filing date. If an applicant has proof that
an application was abandoned due to a USPTO error, an applicant may
file a request to reinstate the application instead of a petition
to revive. To support such a request, the applicant must include
evidence of the USPTO error.
Change in Responses, Hourly
Burden, and (Non-hour) Costs due to Agency Discretion This renewal
request incorporates some items currently included in information
collection 0651-0086 (Changes to Implement Provisions of the
Trademark Modernization Act of 2020). Some of these items also have
burden estimates located in this information collection. This move
action allows for those items to be combined in information
collection. Additionally, petitions for ex parte expungement or
reexamination are similar to the items already within this
information collection; moving them into this control number
provides a more complete picture of trademarks petitions. As a
result of this addition, the information collection is increasing
by 230 responses, 882 burden hours, and $76,000.
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-2313 Response to Petition for Expungement or Reexamination Inquiry Letter
0651-0061 Supporting Statement 2024_final.docx
USPTO Information Quality Guidelines.pdf
Response to Petition for Expungement or Reexamination Inquiry Letter