[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61789-61790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24680]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Fastener Quality Act Insignia Recordal Process
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to take this
opportunity to comment on the extension of a continuing information
collection, as required by the Paperwork Reduction Act of 1995, Public
Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before December 16,
2008.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include ``0651-0028
comment'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K.
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, Customer Information Services Group, Public
Information Services Division, United States Patent and Trademark
Office, P.O. Box 1451, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Sharon R. Marsh, Deputy
Commissioner for Trademark Examination Policy, Office of the
Commissioner for Trademarks, U.S. Patent and Trademark Office, P.O. Box
1451, Alexandria, VA 22313-1451; by telephone at 571-272-7140; or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
Under Section 5 of the Fastener Quality Act of 1999 (FQA), 15
U.S.C. 5401 et seq., certain industrial fasteners must bear an insignia
identifying the manufacturer. The manufacturer must record this
fastener insignia with the United Stated Patent and Trademark Office
(USPTO). The procedures for the recordal of fastener insignia under the
FQA are set forth in 15 CFR 280.300 et seq.
Manufacturers of certain fasteners are required to record their
insignia. The purpose of this collection is to ensure that certain
fasteners can be traced to their manufacturers. It is mandatory for
manufacturers of fasteners covered by the FQA to submit an application
to the USPTO for recordal of an insignia on the Fastener Insignia
Register.
The insignia may be either a unique alphanumeric designation that
the USPTO will issue upon request, or a trademark that is either
registered at the USPTO or is the subject of an application to obtain a
registration. After a manufacturer submits a complete application for
recordal, the USPTO issues a Certificate of Recordal. These
certificates remain active for five years. Applications to maintain the
certificates must be filed within six months of the expiration date or
upon payment of an additional surcharge, within six months following
the expiration date. If a recorded alphanumeric designation is assigned
by the manufacturer, the designation becomes ``inactive,'' and the new
owner must submit an application to reactivate the designation within
six months of assignment. If the recordal is based on a trademark
application or registration, and that registration is assigned, the
recordal becomes ``inactive'' and cannot be reactivated. Instead, the
new owner of the trademark application or registration must apply for a
new recordal. Manufacturers who record insignia must notify the USPTO
of any changes of address.
This information collection includes one form, the Application for
Recordal of Insignia or Renewal/Reactivation of Recordal Under the
Fastener Quality Act (PTO-1611), which provides manufacturers with a
convenient way to submit a request for the recordal of a fastener
insignia or to renew or reactivate an existing Certificate of Recordal.
Use of Form PTO-1611 is not mandatory, and applicants may instead
prepare requests for recordal using their own format. In October of
2007 OMB approved a Change Worksheet to update the design of Form PTO-
1611 and to include instructions for submitting the completed form by
electronic mail.
The public uses this information collection to comply with the
insignia recordal provisions of the FQA. The USPTO uses the information
in this collection to maintain the Fastener Insignia Register, which is
open to public inspection. The public may download the Fastener
Insignia Register from the USPTO Web site or purchase printed copies
from the USPTO.
II. Method of Collection
By mail, facsimile, hand delivery, or electronically to the USPTO.
III. Data
OMB Number: 0651-0028.
Form Number(s): PTO-1611.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 130 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 15 minutes (0.25 hours) to gather the
necessary information, prepare the form, and submit the request for
recordal or renewal of a fastener insignia to the USPTO.
Estimated Total Annual Respondent Burden Hours: 33 hours per year.
Estimated Total Annual Respondent Cost Burden: $3,300 per year. The
USPTO expects that the information in this collection will be prepared
by paraprofessionals at an estimated rate of $100 per hour. Therefore,
the USPTO estimates that the respondent cost burden for this collection
will be $3,300 per year.
[[Page 61790]]
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Application for Recordal of Insignia or 15 minutes...................... 130 33
Renewal/Reactivation of Recordal Under the
Fastener Quality Act (PTO-1611).
Total..................................... ................................ 130 33
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Estimated Total Annual Non-hour Respondent Cost Burden: $2,845.
There are no capital start-up costs, recordkeeping costs, or
maintenance costs associated with this information collection. However,
this collection does have annual (non-hour) costs in the form of filing
fees and postage costs.
Under 37 CFR 2.7, the filing fee for a recordal of fastener
insignia is $20, whether it be a new recordal, renewal, or a request
for reactivation. The USPTO estimates that it will receive 125 new
recordals or renewals of fastener insignia per year for a total of
$2,500 in filing fees. If a manufacturer submits a renewal after the
expiration date but within six months of that date, then the
manufacturer must pay an additional $20 late renewal surcharge. The
USPTO estimates that approximately 10 of the estimated 125 responses
per year will be late renewals that incur the surcharge, for a total of
$200 in additional charges. If a manufacturer fails to renew or assigns
an alphanumeric designation assigned by the USPTO to a new owner, the
current owner may submit a request for reactivation of that same
alphanumeric designation for a fee of $20. The USPTO estimates
approximately 5 reactivation requests will be received per year, for a
total of $100. Therefore, the total estimated filing costs for this
collection will be $2,800 per year.
The public may submit the information for this collection to the
USPTO by mail through the United States Postal Service. The USPTO
estimates that approximately 60 of the 130 responses per year will be
submitted to the USPTO by mail at an average first-class postage cost
of 75 cents per response, for a total postage cost of $45 per year.
The total non-hour respondent cost burden for this collection in
the form of filing fees ($2,800) and postage costs ($45) is estimated
to be $2,845 per year.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, e.g. , the use of automated
collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Dated: October 10, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer,
Customer Information Services Group, Public Information Services
Division.
[FR Doc. E8-24680 Filed 10-16-08; 8:45 am]
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