Thursday, October 28, 2010

Native American Tribal Insignia Database

[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices][Page 65611-65612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc10-34]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Native American Tribal Insignia Database
ACTION: Proposed collection; comment request.

To view the complete text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr26oc10-34
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SUPPLEMENTARY INFORMATION:

I. Abstract

The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-330, Sec. 302, 112 Stat. 3071) required the United States Patent and Trademark Office (USPTO) to study issues surrounding the protection of the official insignia of federally- and State-recognized Native American tribes under trademark law. The USPTO conducted the study and presented a report to the House and Senate Judiciary Committees on November 30, 1999. One of the recommendations made in the report was that the USPTO create and maintain an accurate and comprehensive database containing the official insignia of all federally- and State-recognized Native American tribes. In accordance with this recommendation, the Senate Committee on Appropriations directed the USPTO to create this database.

The USPTO database of official tribal insignias assists trademark attorneys in their examination of applications for trademark registration. Additionally, the database provides evidence of what a federally- or State-recognized Native American tribe considers to be its official insignia. The database serves as a reference for examining attorneys when determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The database is also available to the public on the USPTO Web site.

Tribes are not required to request that their official insignia be included in the database. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of an official tribal insignia in the database does not create any legal presumption of validity or priority, does not carry any of the benefits of Federal trademark registration, and is not a determination as to whether a particular insignia would be refused registration as a trademark pursuant to 15 U.S.C. 1051 et seq.

Requests from federally-recognized tribes to enter an official insignia into the database must be submitted in writing and include:(1) A depiction of the insignia, including the name of the tribe and the address for correspondence; (2) a copy of the tribal resolution adopting the insignia in question as the official insignia of the tribe; and (3) a statement, signed by an official with authority to bind the tribe, confirming that the insignia included with the request is identical to the official insignia adopted by the tribal resolution.

Requests from State-recognized tribes must also be in writing and include each of the three items described above that are submitted by federally-recognized tribes. Additionally, requests from State-recognized tribes must include either: (a) A document issued by a State official that evidences the State's determination that the entity is a Native American tribe; or (b) a citation to a State statute designating the entity as a Native American tribe. The USPTO enters insignia that have been properly submitted by federally- or State-recognized Native American tribes into the database and does not investigate whether the insignia is actually the official insignia of the tribe making the request.

This collection includes the information needed by the USPTO to enter an official insignia for a federally- or State-recognized Native American tribe into a database of such insignia. No forms are associated with this collection.

Thursday, October 14, 2010

Performance Review Board (PRB) Appointments

Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Notices][Page 63147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr14oc10-42] (Reformatted for Web)
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0077]

Performance Review Board (PRB)
Agency: United States Patent and Trademark Office, Commerce.
Action: Notice.
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SUMMARY: In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
ADDRESSES: Director, Human Capital Management, Office of Human Resources, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Karen Karlinchak at (571) 272-8717.
SUPPLEMENTARY INFORMATION: The membership of the United States Patent and Trademark Office Performance Review Board is as follows:
  • Sharon R. Barner, Chair, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
  • Patricia M. Richter, Chief Administrative Officer, United States Patent and Trademark Office.
  • Robert L. Stoll, Commissioner for Patents, United States Patent and Trademark Office.
  • Lynne G. Beresford, Commissioner for Trademarks, United States Patent and Trademark Office.
  • Anthony P. Scardino, Chief Financial Officer, United States Patent and Trademark Office.
  • John B. Owens II, Chief Information Officer, United States Patent and Trademark Office.
  • Bernard J. Knight Jr., General Counsel, United States Patent and Trademark Office.
Alternates
  • Deborah S. Cohn, Deputy Commissioner for Trademark Operations, United States Patent and Trademark Office.
  • Margaret A. Focarino, Deputy Commissioner for Patent Operations, United States Patent and Trademark Office.
Dated: October 6, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-25860 Filed 10-13-10; 8:45 am] BILLING CODE 3510-16-P

Wednesday, October 13, 2010

U.S. Patent Application Survey

Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Notices][Page 62761-62762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc10-32]

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr13oc10-32

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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

Title: United States Patent Applicant Survey.

Avg. Hours per Response: The USPTO estimates that it will take the public 30 minutes (0.50 hours) to complete the surveys, with the exception of the surveys for the independent inventors, which are estimated to take 15 minutes (0.25 hours) to complete. This includes the time to gather the necessary information, respond to the surveys, and submit them to the USPTO. The USPTO estimates that it will take the same amount of time to respond to the surveys, whether they are completed online or mailed to the USPTO.

Needs and Uses: The USPTO developed the United States Patent Applicant Survey as part of a continuing effort to better predict the future growth of patent application filings by understanding applicant intentions. The main purpose of this survey is to determine the number of application filings that the USPTO can expect to receive over the next three years from patent-generating entities, ranging from
[[Page 62762]]
large domestic corporations to independent inventors. The USPTO also uses this survey in response to the Senate Appropriations Report 106- 404 (September 8, 2000), which directed the USPTO to ``develop a workload forecast with advice from a representative sample of industry and the inventor community. There are two versions of the survey: one for large domestic corporations and small and medium-sized businesses and one for universities, non-profit research organizations, and independent inventors. The large domestic corporations, small and medium-sized businesses, universities, non-profit research organizations, and independent inventors responding to these surveys will provide the USPTO with the number of application filings that they plan to submit, in addition to providing general feedback concerning industry trends and the survey itself. The USPTO will use this feedback to anticipate demand and estimate future revenue flow more reliably; to identify input and output triggers and allocate resources to meet and understand customer needs; and to reassess output and capacity goals and realign organization quality control measures with applicant by division.

Wednesday, October 6, 2010

[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices][Page 61419-61424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-35]
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Inquiry on Copyright Policy, Creativity, and Innovation in the
Internet Economy


AGENCY: Office of the Secretary, U.S. Department of Commerce; Patent and Trademark Office, U.S. Department of Commerce; National Telecommunications and Information Administration, U.S. Department of Commerce.

ACTION: Notice of Inquiry.

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05oc10-35
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SUMMARY: The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the relationship between the availability and protection of online copyrighted works and innovation in the Internet economy. The Department, the United States Patent and Trademark Office (USPTO), and the National Telecommunications and Information Administration (NTIA) seek public comment from all interested stakeholders, including rights holders, Internet service providers, and consumers on the challenges of protecting copyrighted works online and the relationship between copyright law and innovation in the Internet economy. After analyzing the comments submitted in response to this Notice, the Internet Policy Task Force intends to issue a report that will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection and innovation.

DATES: Comments are due on or before November 19, 2010.