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PTO Seeks Comments on Madrid Protocol Info Collection

The Patent and Trademark Office is requesting comments by March 12, 2012 on a revision to a currently approved information collection concerning the Madrid Protocol in order to add a new item - the Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (Form PTO-1553) - which was not previously covered under this collection.

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Madrid Protocol Allows Trademark Owners to Register with Single International Form

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 became effective in the United States on November 2, 2003, and is implemented under 15 U.S.C. § 1141 et seq. and 37 CFR part 2 and part 7.

Collection Includes Info Necessary for PTO to Process International Registrations Under Madrid Protocol

This collection includes the information necessary for the PTO to process applications for international registration and related requests under the Madrid Protocol. The PTO provides electronic forms for filing the items in this information collection online (except for the Request to Record an Assignment or Restriction of a Holder's Right to Dispose of an International Registration) using the Trademark Electronic Application System (TEAS), which is available through the PTO web site. Applicants may also submit the items in this collection on paper or by using the forms provided by the IB, which are available on the WIPO Web site. The IB requires Applications for International Registration and Applications for Subsequent Designation that are filed on paper to be submitted on the official IB forms.

Comments Requested on Ways to Minimize Burden, Etc.

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.

PTO Contact -- Todd A. Stevenson (301) 504-7923

(FR Pub 01/12/12)