Trademark Post Registration

Forms and Documents

Document Name	Status
Form PTO-2311 Section 12(c) Affidavit Form and Instruction	Unchanged
Form PTO-2310 Request to Divide Registration Form and Instruction	Unchanged
Form PTO-2309 Surrender of Registration for Cancellation Form and Instruction	Unchanged
Form PTO-2302 Response to Office Action for Post-Registration Matters Form and Instruction	Unchanged
Form PTO 1583 Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 Form and Instruction	Modified
Form PTO-1573 Declaration of Incontestability of a Mark Under Section 15 Form and Instruction	Modified
Form PTO-1963 Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Private Sector) Form and Instruction	Modified
Form PTO-1563 Declaration of Use of a Mark in Commerce Under Section 8 Form and Instruction	Modified
Form PTO-1597 Section 7 Request Form and Instruction	Unchanged
0651-0055 2024 Trademark Fee Rule CWS.docx Justification for No Material/Nonsubstantive Change	2024-11-27
0651-0055 Supporting Statement 2024 Final.docx Supporting Statement A	2024-10-21
Trademark Act 15 U.S.C 1051 (1946).pdf Supplementary Document	2024-09-03
USPTO Information Quality Guidelines.pdf Supplementary Document	2024-09-03

IC Document Collections

IC ID	Document Title	Status
216719	Section 12(c) Affidavit Form and Instruction	Unchanged
216717	Request to Divide Registration Form and Instruction	Unchanged
216714	Surrender of Registration for Cancellation Form and Instruction	Unchanged
196061	Response to Office Action for Post-Registration Matters Form and Instruction	Unchanged
188993	Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15 Form and Instruction	Modified
188991	Declaration of Incontestability of a Mark Under Section 15 Form and Instruction	Modified
188989	Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Private Sector) Form and Instruction	Modified
188986	Declaration of Use of a Mark in Commerce Under Section 8 Form and Instruction	Modified
183699	Section 7 Request Form and Instruction	Unchanged

ICR Details

OMB Control No: 0651-0055	ICR Reference No: 202411-0651-014
Status: Received in OIRA	Previous ICR Reference No: 202409-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Trademark Post Registration
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: 11/27/2024

	Requested	Previously Approved
Expiration Date	11/30/2027	11/30/2027
Responses	271,793	271,793
Time Burden (Hours)	162,987	162,987
Cost Burden (Dollars)	134,083,172	103,718,072

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Abstract: The United States Patent and Trademark Office (USPTO) administers the Trademark Act (Act), 15 U.S.C. 1501 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 marks with the USPTO. This information collection covers various communications submitted by individuals and businesses to the USPTO after the registration of a trademark. One type of communication is a request to amend a registration to delete goods or services that are no longer being used by the owner. Registered marks remain on the register for 10 years and can be renewed, but will be cancelled unless the owner files with the USPTO a declaration attesting to the continued use (or excusable non-use) of the mark in commerce, and a renewal application, with specific deadlines. Owners may also request to amend or divide a registration, respond to a post-registration office action, and surrender a registration. The regulations implementing the Act are set forth in 37 CFR part 2. These regulations mandate that each register entry include the mark, the goods and/or services in connection with which the mark is used, ownership information, dates of use, and certain other information. The information in this information collection is used to maintain the quality of the trademark register. The register may be accessed by an individual or by businesses to determine the availability of a mark. By keeping the register current and accurate, parties may reduce the possibility of initiating use of a mark previously adopted by another.

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Authorizing Statute(s): US Code: 15 USC 1051 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:
	89 FR 60405	07/25/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 84123	10/21/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
Combined Declaration of Use and Incontestability of a Mark Under Sections 8 and 15	PTO 1583	TEAS Combined Declaration of Use and Incontestability of a Mark Under Sections 8 & 15
Combined Declaration of Use of a Mark in Commerce and Application for Renewal of Registration of a Mark Under Sections 8 and 9 (Private Sector)	PTO-1963	TEAS Combined Declaration of Use of a Mark in Commerce & Application for Renewal of Registration of a Mark Under Sections 8 & 9
Declaration of Incontestability of a Mark Under Section 15	PTO-1573	Declaration of Incontestability of a Mark Under Section 15
Declaration of Use of a Mark in Commerce Under Section 8	PTO-1563	Declaration of Use of Mark in Commerce Under Section 8
Request to Divide Registration	PTO-2310	Request to Divide
Response to Office Action for Post-Registration Matters	PTO-2302	Response to Office Action for Post-Registration Matters
Section 12(c) Affidavit	PTO-2311	Section 12(c) Affidavit
Section 7 Request	PTO-1597	Section 7 Request
Surrender of Registration for Cancellation	PTO-2309	Surrender of Registration for Cancellation

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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	271,793	271,793	0	0	0	0
Annual Time Burden (Hours)	162,987	162,987	0	0	0	0
Annual Cost Burden (Dollars)	134,083,172	103,718,072	0	30,365,100	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: $3,067,664

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: 11/27/2024

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