Substantive Submissions Made During Prosecution of the Trademark Application

Forms and Documents

Document Name	Status
Form PTO 1553 Allegation of Use (Statement of Use/Amendment to Allege Use) Form and Instruction	Unchanged
Form PTO 1557 Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA Form and Instruction	Unchanged
Form PTO 2301 Petition to the Director Form and Instruction	Modified
Form PTO 1556 Response to Petition to Revive Deficiency Letter Form and Instruction	Unchanged
Form PTO 1555 Response to Intent-to-Use (ITU) Divisional Unit Office Action Form and Instruction	Unchanged
Form PTO 1554 Request to Divide Application Form and Instruction	Unchanged
Form PTO 2202 Request for Express Abandonment (Withdrawal) of Application Form and Instruction	Unchanged
Form PTO 2200 Request to Delete Section 1(b) Basis, Intent to Use Form and Instruction	Unchanged
Form PTO 2195 Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request Form and Instruction	Unchanged
Form PTO 2194 Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action Form and Instruction	Unchanged
Form PTO 1581 Request for Extension of Time to File a Statement of Use Form and Instruction	Unchanged
0651-0054 2024 CWS final.docx Justification for No Material/Nonsubstantive Change	2024-09-18
0651-0054 Supporting Statement 2024 Final.docx Supporting Statement A	2024-02-28
USPTO Information Quality Guidelines.pdf Supplementary Document	2024-02-21
Lanham Act of 1946, as amended.pdf Supplementary Document	2024-02-21

IC Document Collections

IC ID	Document Title	Status
4782	Allegation of Use (Statement of Use/Amendment to Allege Use) Form and Instruction	Unchanged
198215	Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA Form and Instruction	Unchanged
198211	Petition to the Director Form and Instruction	Modified
198209	Response to Petition to Revive Deficiency Letter Form and Instruction	Unchanged
198199	Response to Intent-to-Use (ITU) Divisional Unit Office Action Form and Instruction	Unchanged
186141	Request to Divide Application Form and Instruction	Unchanged
186139	Request for Express Abandonment (Withdrawal) of Application Form and Instruction	Unchanged
186137	Request to Delete Section 1(b) Basis, Intent to Use Form and Instruction	Unchanged
186135	Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request Form and Instruction	Unchanged
186133	Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action Form and Instruction	Unchanged
186130	Request for Extension of Time to File a Statement of Use Form and Instruction	Unchanged

ICR Details

OMB Control No: 0651-0054	ICR Reference No: 202409-0651-002
Status: Received in OIRA	Previous ICR Reference No: 202401-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Substantive Submissions Made During Prosecution of the Trademark Application
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/18/2024

	Requested	Previously Approved
Expiration Date	04/30/2027	04/30/2027
Responses	374,707	373,293
Time Burden (Hours)	266,567	265,556
Cost Burden (Dollars)	43,870,505	43,517,005

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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 that use or intend to use such marks in commerce may file an application to register their mark with the USPTO. Such individuals and businesses may also submit various communications to the USPTO during the prosecution of an application. This information collection covers the various communications that may be submitted by the applicant, including providing additional information needed to process a request to delete a particular filing basis from an application or to divide an application identifying multiple goods and/or services into two or more separate applications. This information collection also covers requests for a 6-month extension of time to file a statement that the mark is in use in commerce or petitions to revive an application that abandoned for failure to submit a timely response to an office action or a timely statement of use or extension request. This information collection also covers circumstances in which an applicant may expressly abandon an application by filing a written request for withdrawal of the application.

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Authorizing Statute(s): US Code: 15 USC 1051(d)(1-4) Name of Law: Lanham Trademark Act of 1946
  

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:
	88 FR 84132	12/04/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 14634	02/28/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title	Form No.	Form Name
Allegation of Use (Statement of Use/Amendment to Allege Use)	PTO 1553	Allegation of Use (Statement of Use/Amendment to Allege Use)
Petition to Revive Abandoned Application - Failure to File Timely Statement of Use or Extension Request	PTO 2195	Petition to Revive Abandoned Application – Failure to File Timely Statement of Use or Extension Request
Petition to Revive Abandoned Application - Failure to Respond Timely to Office Action	PTO 2194	Petition to Revive Abandoned Application – Failure to Respond Timely to Office Action
Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services After NOA	PTO 1557	Petition to Revive with Request to Delete Section 1(b) Basis or to Delete ITU Goods/Services/Collective Membership Organization After NOA
Petition to the Director	PTO 2301	Petition to Director
Request for Express Abandonment (Withdrawal) of Application	PTO 2202	Request for Express Abandonment (Withdrawal) of Application
Request for Extension of Time to File a Statement of Use	PTO 1581	Request for Extension of Time to File a Statement of Use
Request to Delete Section 1(b) Basis, Intent to Use	PTO 2200	Request to Delete Section 1(b) Basis, Intent to Use
Request to Divide Application	PTO 1554	Request to Divide Application
Response to Intent-to-Use (ITU) Divisional Unit Office Action	PTO 1555	Response to Intent-to-Use/Divisional (ITU/Divisional) Unit Office Action
Response to Petition to Revive Deficiency Letter	PTO 1556	Response to Petition to Revive Deficiency Letter

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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	374,707	373,293	0	1,414	0	0
Annual Time Burden (Hours)	266,567	265,556	0	1,011	0	0
Annual Cost Burden (Dollars)	43,870,505	43,517,005	0	353,500	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The USPTO is moving Petitions to Director burdens that were included in 0651-0086 into this information collection to consolidate similar items into this information collection which provides appropriate context for these burdens.

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Annual Cost to Federal Government: $4,589,081

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: 09/18/2024

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