Madrid Protocol

Forms and Documents

Document Name	Status
Form PTO-2131 Application for International Registration (Private Sector) Form	Modified
Form PTO-2137 Petition to Director for an International Application/Registration (Individuals or Households) Form	Modified
Form PTO-2137 Petition to Director for an International Application/Registration (Private Sector) Form	Modified
Form PTO-1683 Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Individuals or Households) Form	Modified
Form PTO-1683 Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Private Sector) Form	Modified
Form PTO-1663 Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Individuals or Households) Form	Modified
Form PTO-1663 Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Private Sector) Form	Modified
Form PTO-2316 Petition to Director to Review Denial of Certification of International Application (Individuals or Households) Form	Modified
Form PTO-2315 Transformation Request (Individuals or Households) Form	Modified
Form PTO-2314 Replacement Request (Individuals or Households) Form	Unchanged
Form PTO-2133 Response to Notice of Irregularity (Individuals or Households) Form	Unchanged
Form PTO-2132 Application for Subsequent Designation (Individuals or Households) Form	Unchanged
Form PTO-2131 Application for International Registration (Individuals or Households) Form	Unchanged
Form PTO-2316 Petition to Director to Review Denial of Certification of International Application (Private Sector) Form	Modified
Form PTO-2315 Transformation Request (Private Sector) Form	Unchanged
Form PTO-2314 Replacement Request (Private Sector) Form	Unchanged
Form PTO-2133 Response to Notice of Irregularity (Private Sector) Form	Unchanged
Form PTO-2132 Application for Subsequent Designation (Private Sector) Form	Unchanged
0651-0051 2024 TM Fee CWS final.docx Justification for No Material/Nonsubstantive Change	2024-11-18
COMPS-1624.pdf Supplementary Document	2022-04-25
0651-0051 Supporting Statement 20220425.docx Supporting Statement A	2022-04-26
Madrid Protocol.pdf Supplementary Document	2022-04-25
USPTO Information Quality Guidelines.pdf Supplementary Document	2022-04-22

IC Document Collections

IC ID	Document Title	Status
4779	Application for International Registration (Private Sector) Form	Modified
252632	Petition to Director for an International Application/Registration (Individuals or Households) Form	Modified
252630	Petition to Director for an International Application/Registration (Private Sector) Form	Modified
235009	Request for Extension of Protection of International Registration to WIPO (Individuals or Households)	Unchanged
201642	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Individuals or Households) Form	Modified
201641	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Private Sector) Form	Modified
201640	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Individuals or Households) Form	Modified
201639	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Private Sector) Form	Modified
201638	Petition to Director to Review Denial of Certification of International Application (Individuals or Households) Form	Modified
201637	Transformation Request (Individuals or Households) Form	Modified
201635	Replacement Request (Individuals or Households) Form	Unchanged
201634	Response to Notice of Irregularity (Individuals or Households) Form	Unchanged
201633	Application for Subsequent Designation (Individuals or Households) Form	Unchanged
201632	Application for International Registration (Individuals or Households) Form	Unchanged
188795	Petition to Director to Review Denial of Certification of International Application (Private Sector) Form	Modified
188792	Transformation Request (Private Sector) Form	Unchanged
188791	Request for Extension of Protection of International Registration to WIPO (Private Sector)	Modified
188790	Replacement Request (Private Sector) Form	Unchanged
188789	Response to Notice of Irregularity (Private Sector) Form	Unchanged
188788	Application for Subsequent Designation (Private Sector) Form	Unchanged

ICR Details

OMB Control No: 0651-0051	ICR Reference No: 202411-0651-003
Status: Received in OIRA	Previous ICR Reference No: 202011-0651-007
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Madrid Protocol
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: 11/18/2024

	Requested	Previously Approved
Expiration Date	06/30/2025	06/30/2025
Responses	54,082	54,082
Time Burden (Hours)	48,671	48,671
Cost Burden (Dollars)	30,987,155	21,516,380

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Abstract: This collection of information is required by the Trademark Act of 1946, 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. The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the participating countries by filing a single international application. The International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, administers the international registration system. The Madrid Protocol Implementation Act of 2002 amended the Trademark Act to provide that: (1) The owner of a U.S. application or registration may seek protection of its mark in any of the participating countries by submitting a single international application through the USPTO and (2) the holder of an international registration may request an extension of protection of the international registration to the United States. The Madrid Protocol came into effect in the United States on November 2, 2003, and is implemented under 15 U.S.C. 1141 et seq. and 37 CFR parts 2 and 7. Individuals and businesses that use or intend to use such marks in commerce may file an application to register the marks with the USPTO. Both the register and the information provided in pending applications for registration can be accessed by the public in order to determine the availability of a mark and lessen the likelihood of initiating the use of a mark previously adopted by another.

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Authorizing Statute(s): US Code: 15 USC 1141 Name of Law: Trademark Act of 1946, as amended
  

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:
	87 FR 7430	02/09/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 84284	04/25/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 20

IC Title	Form No.	Form Name
Application for International Registration (Individuals or Households)	PTO-2131, MM2(e)	Application for International Registration ,   Application for International Registration Under the Madrid Protocol
Application for International Registration (Private Sector)	MM2, PTO-2131	Application for International Registration ,   Application for International Registration Under the Madrid Protocol
Application for Subsequent Designation (Individuals or Households)	PTO-2132, MM4(e)	Application for Subsequent Designation ,   Designation Subsequent to the International Registration
Application for Subsequent Designation (Private Sector)	PTO-2132, MM4(e)	Application for Subsequent Designation ,   Designation Subsequent to the International Registration
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Individuals or Households)	PTO-1683	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Private Sector)	PTO-1683	Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Individuals or Households)	PTO-1663	Declaration of Use and Excusable Nonuse of Mark in Commerce Under Section 71
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71 (Private Sector)	PTO-1663	Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under Section 71
Petition to Director for an International Application/Registration (Individuals or Households)	PTO-2137	Petition to the Director for an International Application Registration
Petition to Director for an International Application/Registration (Private Sector)	PTO-2137	Petition to the Director for an International Application Registration
Petition to Director to Review Denial of Certification of International Application (Individuals or Households)	PTO-2316	Petition to the Director to Review Denial of Certification of International Application
Petition to Director to Review Denial of Certification of International Application (Private Sector)	PTO-2316	Petition to Director to Review Denial of Certification of International Application
Replacement Request (Individuals or Households)	PTO-2314	Replacement Request
Replacement Request (Private Sector)	PTO-2314	Replacement Request
Request for Extension of Protection of International Registration to WIPO (Individuals or Households)
Request for Extension of Protection of International Registration to WIPO (Private Sector)
Response to Notice of Irregularity (Individuals or Households)	PTO-2133	Response to Notice of Irregularity
Response to Notice of Irregularity (Private Sector)	PTO-2133	Response to Notice of Irregularity
Transformation Request (Individuals or Households)	PTO-2315	Transformation Request
Transformation Request (Private Sector)	PTO-2315	Transformation Request

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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	54,082	54,082	0	0	0	0
Annual Time Burden (Hours)	48,671	48,671	0	0	0	0
Annual Cost Burden (Dollars)	30,987,155	21,516,380	0	9,470,775	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:

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Annual Cost to Federal Government: $244,225

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.     No

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: 11/18/2024

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