Classification Determines Number of Fees

15 U.S.C. §1112.

(Extract)

*** The applicant may apply to register a mark for any

or all of the goods or services on or in connection with which he or she is using or

has a bona fide intention to use the mark in commerce:  Provided, That if the

Director by regulation permits the filing of an application for the registration of a

mark for goods or services which fall within a plurality of classes, a fee equaling

the sum of the fees for filing an application in each class shall be paid, and the

Director may issue a single certificate of registration for such mark.

Classification is the basis for determining the number of

fees that must be paid.  In an application under Trademark Act §1 or §44, a fee is

required for each class.

37 C.F.R. §2.32(d)-(e)

.

In an application under §1 or §44, if the application

sets forth goods or services in more than one class and does not include sufficient fees

to cover all the classes, the applicant must either amend the application to restrict

the goods or services to the number of classes for which the fee has been paid or submit

additional fees to cover all the goods or services set forth in the identification.  The

fees for multiple classes must be paid before an examining attorney does an extensive

search in a large number of classes.

See

TMEP

§810.01

.

See

TMEP §819.02

and

§819.03

regarding the applicability of the insufficient

information fee and free-form text ID fee to added classes in an electronically filed §1

or §44 application submitted on or after January 18, 2025.

If, with the original application, the applicant submits

fees for more classes than are validly represented in the application, the fees that

have been overpaid in error will be refunded.  See

TMEP §405.04

regarding refunds

cability of the insufficient

information fee and free-form text ID fee to added classes in an electronically filed §1

or §44 application submitted on or after January 18, 2025.

If, with the original application, the applicant submits

fees for more classes than are validly represented in the application, the fees that

have been overpaid in error will be refunded.  See

TMEP §405.04

regarding refunds.

In a §66(a) application, the amount of the filing fee

will be determined by the IB, who will collect the fee and send it to the USPTO pursuant

to the provisions of the Madrid Protocol and the

Regulations Under the Protocol

Relating to the Madrid Agreement Concerning the International Registration of

Marks

. The examining attorney will not question the sufficiency of the

filing fee in a §66(a) application. The classification in a §66(a) application cannot be

changed, and classes cannot be added. See

TMEP §1401.03(d)

for further information.