# National Library of Medicine; Meeting of the Biomedical Library Review Committee > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-1021 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** January 14, 1994 ## Text DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 2 [Docket No. 930508-3327] RIN 0651-AA61 Revision of Trademark Fees AGENCY: Patent and Trademark Office, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Patent and Trademark Office (PTO) is amending the rules of practice in trademark cases. The PTO is announcing that the fee for filing a trademark application is $245, in accordance with the applicable provisions of the Patent and Trademark Office Authorization Act of 1993. No other fees will be affected by this rulemaking. EFFECTIVE DATE: December 3, 1993. FOR FURTHER INFORMATION CONTACT: Robert Kopson by telephone at (703) 305-8510 or by mail marked to his attention and addressed to the Commissioner of Patents and Trademarks, Washington, DC 20231. SUPPLEMENTARY INFORMATION: This rule change adjusts the fee for filing a trademark application in accordance with the provisions of Public Law 103-179. The trademark fee increase is required to address long-term funding needs of the trademark functions of the PTO which cannot be satisfied with the current fee structure. Statutory Provisions Section 31 of the Trademark (Lanham) Act of 1946, as amended (15 U.S.C. 1113), authorizes the Commissioner to establish fees for the filing and processing of an application for the registration of a trademark or other mark, and for all other services and materials furnished by the PTO relating to trademarks and other marks. Public Law 103-179 established the fee for filing a trademark application at $245 per class. Public Law 103-179 took effect on December 3, 1993. Recovery Level Determinations The existing fee schedule, along with the adjustment to the trademark application fee, will recover $518,692,000 in fiscal year 1994, of which $4,830,000 is attributable to the increase in the trademark application fee. The enacted 1994 budget is $504,021,000. An additional $14,671,000 of patent statutory fees will be collected in 1994 and will be deposited to the Fee Surcharge Fund. Patent statutory fees are subject to the provisions of the Omnibus Budget Reconciliation Act of 1990, as amended by Public Law 102-204. Of the total amount of income expected to be collected in 1994 under 35 U.S.C. 41 (a) and (b), $103,000,000 must be deposited to the Fee Surcharge Fund for deficit reduction purposes in lieu of seeking general taxpayer funds from the U.S. Treasury. The $103,000,000 is deposited in a special account in the U.S. Treasury, reserved exclusively for use by the PTO, and is made available to the PTO through the appropriation process. For 1994, the Congress appropriated $88,329,000 from the Fee Surcharge Fund. General Procedures There will be a grace period of 60 days, beginning December 3, 1993, and ending January 31, 1994. During the grace period, any party who submits a trademark application, which is otherwise sufficient, with a fee of at least $210, but less than $245, will be notified of the fee deficiency and permitted to supplement it within a 30-day period set by the notice of the insufficient fee. If the applicant submits the amount by which the fee is deficient within the 30-day period, the application will retain its original filing date. If the amount by which the fee is deficient is not submitted within 30 days, the application papers and fee will be returned to the applicant. Any trademark application submitted after January 31, 1994 with a deficient fee payment will be returned to the applicant. Discussion of Specific Rules 37 CFR 2.6 Trademark fees Section 2.6, subparagraph (a)(1), is revised to adjust the fee authorized by the Trademark (Lanham) Act of 1946 in accordance with the provisions of Public Law 103-179. Other Considerations This rule change is in conformity with the requirements of Executive Order 12612, and the Paperwork Reduction Act of 1980, 44 U.S.C. 3501, et seq. There are no information collection requirements relating to patent and trademark fee rules. This regulation was reviewed by the Office of Information and Regulatory Affairs of the Office of Management and Budget under Executive Order 12866. The PTO has determined that this rule change has no Federalism implications affecting the relationship between the National Government and the States as outlined in Executive Order 12612. Notice and opportunity for comment are unnecessary under 5 U.S.C. 553(6)(b) because this rule change merely restates a Congressionally- mandated fee change. Because notice of proposed rulemaking is not required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply. The PTO published a notice of proposed rulemaking on July 21, 1993, (58 FR 39102) to increase the trademark fee to $245 based on pending legislation that would have given PTO the authority to raise trademark fees in excess of the Consumer Price Index. The legislation as passed (Pub. L. 103-179) simply increased the trademark application filing fee to $245 effective the date of enactment. List of Subjects in 37 CFR Part 2 Administrative practice and procedure, Courts, Lawyers, Trademarks. For the reasons set forth in the preamble, the PTO is amending title 37 of the Code of Federal Regulations, Chapter I, as set forth below. PART 2--RULES OF PRACTICE IN 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. Section 2.6 is amended by revising paragraph (a)(1) to read as follows: Sec. 2.6 Trademark fees. * * * * * (a) Trademark process fees. (1) For filing an application, per class: $245.00. * * * * * Dated: December 23, 1993. Bruce A. Lehman, Assistant Secretary of Commerce and Commissioner of Patents and Trademarks. [FR Doc. 94-1021 Filed 1-3-94; 8:45 am] BILLING CODE 3510-16-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-1021. Public record. Not legal advice.