Department of Commerce
Patent and Trademark Office
37 CFR Part 2
[Docket No. 960828232-6232-01]
RIN 0651-AA90
Recordal Fees Associated with the Fastener Quality Act
Agency: Patent and Trademark Office, Commerce.
Action: Notice of Proposed Rulemaking.
Summary: The Patent and Trademark Office (PTO) is proposing to establish
fees associated with recordation of insignias of manufacturers and
private label distributors to ensure the traceability of a fastener to
its manufacturer or private label distributor. This proposal is in
accordance with provisions of the Fastener Quality Act (Public Law
101-592, as amended by Public Law 104-113).
Dates: Written comments must be submitted on or before October 17, 1996.
No meeting will be held.
Addresses: Address written comments to the Commissioner of Patents and
Trademarks, Washington, D.C. 20231, Attention: Lizbeth Kulick, Office of
the Assistant Commissioner for Trademarks, 2900 Crystal Drive,
Arlington, Va. 22202-3513 or by fax to (703) 308-7220.
For Further Information Contact: Lizbeth Kulick by telephone at (703)
308-8900, or by fax at (703) 308-7220, or by mail marked to her
attention and addressed to the Assistant Commissioner for Trademarks,
2900 Crystal Drive, Arlington, Va. 22202-3513.
Supplementary Information
The Department of Commerce issued a notice of proposed rulemaking to
implement the Fastener Quality Act. 57 FR 37032, Aug. 17, 1992. Under
that notice, the task of recording fastener insignia was assigned to the
PTO. 57 FR 37033-35, Aug. 17, 1992. That notice provided for recovery of
insignia costs through user fees. 57 FR 37035-36, Aug. 17, 1992. The PTO
proposes three twenty-dollar fees to recover its costs associated with
the insignia recordation program.
Cost Calculations
The cost of processing an application for recordal of an insignia is as
follows:
Compensation and Benefits 1,000
Hardware and Software Costs 4,500
Subtotal 5,500
General and Administrative Overhead @ 17% 950
Total Costs 6,450
Estimated Workload 300
Fee Amount 21.50
Rounded Fee $20
Two rules, 37 CFR 2.53 and 2.189, are being removed because they
are not necessary. Section 2.53 specifies the manner in which drawings
must be transmitted. Section 2.189 simply states the Office's policy on
publishing amendments to the rules. The policy is not changing, but does
not have to be stated as a rule.
Other Considerations
It has determined that this rule is not significant for the purposes
of Executive Order 12866. The information collections required by this
proposed rule are pending approval before the Office of Management and
Budget (OMB number 0651-0028). The affected public would be
manufacturers and private label distributors of certain types of
industrial fasteners. The estimated average number of responses is six
hundred. The estimated time per response is ten minutes, so the
estimated total annual burden is one hundred hours. The collected
information is needed to ensure that a fastener can be traced to its
manufacturer or private label distributor.
This proposed fee does not require notice and comment under 5 U.S.C.
553 or any other statute, so no analysis or certification is required
under 5 U.S.C. 603(a).
Lists of Subjects
37 CFR Part 2
Administrative practice and procedure, Courts, Lawyers, Trademarks.
For the reasons set forth in the preamble, the PTO proposes to amend 37
CFR part 2 as set forth below.
Part 2 - Rules Applicable to Trademark Cases
1. The authority citation for Part 2 continues to read as follows:
Authority: 15 U.S.C. 1123; 35 U.S.C. 6, unless otherwise noted.
2. Part 2 is amended by adding Section 2.7 to read as follows:
2.7 Fastener Recordal Fees
(a) Application fee for recordal of insignia. $20.00
(b) Renewal of insignia recordal $20.00
(c) Surcharge for late renewal of insignia recordal $20.00
3. Section 2.53 is removed.
4. Section 2.189 is removed.
September 10, 1996 BRUCE A. LEHMAN
Assistant Secretary of Commerce and
Commissioner of Patents and Trademarks