Federal Register/Vol. 84, No. 147/Wednesday, July 31, 2019
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Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 37081 cost-savings associated with avoided to an on-line system for PVO PART 203—[REMOVED] audit expenses. When estimates for PVO registration. USAID’s online PVO- staff time and financial audits are registration system required that PVOs ■ For the reasons discussed in the combined, the cost savings for affected provide the same information requested preamble, and under the authority of PVOs ranges from $2,005,120 to on AID Form 1550–2, including Sec. 621, Public Law 87–195, 75 Stat. $11,360,240. When added to the financial data. As such, the public- 445, (22 U.S.C. 2381), as amended; E.O. expected costs internal to USAID of reporting burden for collection of 12163, Sept. 29, 1979, 44 FR 56673, 3 $779,406, the annual total of information remained the same under CFR, 1979 Comp., p. 435, USAID incremental cost savings as a result of the on-line system. removes 22 CFR part 203. the rescission ranges from $2,784,526 to Carrie Thompson, $12,139,646. Therefore, the rescission of 5. Administrative Procedures Act our PVO-registration rule would Acting Assistant Administrator, Bureau for USAID is issuing this deregulatory Economic Growth, Education, and the benefits USAID and our PVOs by action to remove an unneeded hurdle to Environment. streamlining processes and achieving doing business with the Agency that significant cost-savings. [FR Doc. 2019–15685 Filed 7–30–19; 8:45 am] imposes unnecessary and excessive BILLING CODE 6116–01–P 2. Executive Order (E.O.) 13771 costs on the private sector with no value This rule is considered an E.O. 13771 to the Government. The rescinded rule deregulatory action. Details on the originally called for the collection of DEPARTMENT OF COMMERCE estimated cost-savings of this rule information, such as a company’s make- appear in the rule’s economic analysis. up of volunteers—since obviated once Patent and Trademark Office statutory changes removed the volunteer 3. Regulatory Flexibility Act requirement. Apart from that 37 CFR Parts 2 and 7 requirement, statutory references to the Because the rescission of this [Docket No. PTO–T–2017–0004] regulation removes, rather than registration of PVOs (such as those in imposes, the collection of information, Sections 123 or 607 of the FAA) provide RIN 0651–AD15 USAID certifies that the rescission no further guidance or requirements to Changes to the Trademark Rules of would not have a significant economic the Agency on what such registration Practice To Mandate Electronic Filing impact on a substantial number of small should entail. By rescinding this rule, entities. the Agency would be free to simplify AGENCY: Patent and Trademark Office, and streamline registration to remove Commerce. 4. Paperwork Reduction Act (PRA) barriers that impose expenses on ACTION: The Paperwork Reduction Act (44 smaller organizations that wish to Final rule. U.S.C. 3507) applies to this rule, compete for USAID funds. SUMMARY: The United States Patent and because it removes information- USAID also conducted surveys of the Trademark Office (USPTO or Office) collection requirements formerly primary stakeholders to the registration amends the Rules of Practice in approved by OMB. Rescission of this process—that of Agency’s internal Trademark Cases and the Rules of rule would reduce paperwork stakeholders and the PVO community. Practice in Filings Pursuant to the significantly and eliminate information- Surveys of registered PVOs in 2012 and Protocol Relating to the Madrid collection requirements on the 550 2017 showed that the PVO community Agreement Concerning the International PVOs that currently register with the did not see significant value in the Registration of Marks to mandate Agency. USAID collects information registration program delineated by 22 electronic filing of trademark from all registered PVOs as part of the CFR part 203, and internal stakeholders applications and all submissions registration requirement, such as for the Agency determined that the associated with trademark applications financial data and a costly external information collected in accordance and registrations, and to require the financial audit, to determine whether with 22 CFR 203 served no purpose for designation of an email address for the PVO meets the conditions of the Agency. These findings contributed receiving USPTO correspondence, with registration. Under the revised to the decision to remove both the limited exceptions. This rule advances approach, only organizations that apply registration program and the rule that the USPTO’s IT strategy to achieve for the Agency’s LEPP or OFR, or to required such a rigorous registration complete end-to-end electronic other U.S. Government Departments and process. Additionally, USAID does not processing of trademark-related Agencies that seek to provide foreign plan to replace the current rule with any submissions, thereby improving assistance (about 50 organizations in other. administrative efficiency by facilitating total) would have to certify they meet electronic file management, optimizing USAID’s PVO requirements through the For the LEPP, the OFR, and PVOs that apply to other U.S. Government workflow processes, and reducing new, streamlined certification process processing errors. described earlier. USAID would not Departments and Agencies that are DATES: This rule is effective on October collect any other data or demand extra seeking to provide foreign assistance 5, 2019. financial audits from these under Section 607(a) of the FAA, all of organizations. which still require registration because FOR FURTHER INFORMATION CONTACT: USAID previously collected of legislative requirements, as provided Catherine Cain, Office of the Deputy information for to register PVOs under above, the Agency has developed a Commissioner for Trademark the OMB-approved AID Form 1550–2 simplified registration process as part of Examination Policy, TMPolicy@ (OMB Approval Number 0412–0035), the application process. uspto.gov, (571) 272–8946. but inadvertently operated in non- List of Subjects for 22 CFR Part 203 SUPPLEMENTARY INFORMATION: compliance with the PRA when OMB Purpose: The USPTO revises the rules approval of this form expired, and Foreign aid, Nonprofit organizations, in parts 2 and 7 of title 37 of the Code USAID did not seek extension of the Reporting and recordkeeping of Federal Regulations to require OMB approval when the Agency moved requirements. electronic filing through the USPTO’s VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1 37082 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Trademark Electronic Application registration must be filed through TEAS filings, expedite processing, shorten System (TEAS) of all trademark and outgoing USPTO correspondence pendency, minimize manual data entry applications based on section 1 and/or regarding the registration will be sent by and potential data-entry errors, and section 44 of the Trademark Act (Act), email. eliminate the potential for lost or 15 U.S.C. 1051, 1126, and submissions Although more than 99% of missing papers. filed with the USPTO concerning applications under section 1 or section This rule also requires the designation applications or registrations. These 44 are now filed electronically, just of an email address for receiving USPTO submissions include, for example, under 88% are currently prosecuted correspondence concerning these responses to Office actions, registration electronically from end to end. This submissions, which is either that of the maintenance filings, international means that approximately 12% of these applicant or registrant, if unrepresented, applications, subsequent designations, filings still involve paper processing. or an authorized attorney, if one has and direct filings with the USPTO Prior reductions in the filing fees for been appointed. Currently, in order to relating to extensions of protection electronic submissions resulted in receive a filing date for a new through the international registration almost 100% of new applications being application under section 1 or section system. In addition, this rulemaking filed electronically, but have not 44, the USPTO requires, among other requires the designation of an email achieved complete end-to-end things, that the applicant designate an address for receiving USPTO electronic processing. By mandating ‘‘address for correspondence.’’ 37 CFR correspondence concerning these electronic filing of trademark 2.21(a)(2). Applicants who filed using submissions. applications and submissions the TEAS Plus or TEAS Reduced Fee The requirement to file an initial concerning applications or registrations (TEAS RF) filing options have been application through TEAS does not through TEAS, the amended rules will required to designate an email address apply to applications based on section reduce paper processing to an absolute for correspondence, while those who 66(a) of the Act, 15 U.S.C. 1141f, minimum and thus maximize end-to- filed on paper or through the regular because these applications are initially end electronic processing. TEAS application were permitted to filed with the International Bureau (IB) End-to-end electronic processing of designate a postal address. This rule of the World Intellectual Property all applications, related correspondence, requires applicants and registrants, and Organization and subsequently statutorily required registration