Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid

An application may list, in connection with each class

designated, only goods or services that fall within that class. An applicant may

apply to register a mark for the goods and/or services on or in connection with which

the applicant is using or has a bona fide intent to use the mark in commerce, if the

applicant submits a filing fee for each class.

See

15

U.S.C. §1112

;

37 C.F.R.

§2.86(a)

. An application that includes more than one class is

called a combined or multiple-class application.

See

TMEP

§§1403–1403.05

.

The applicant should designate only the number of

classes for which a filing fee is submitted and should limit the specified goods and

services to those within the particular class(es) designated. Thus, if a single

filing fee is submitted, the applicant should designate only one class and should

limit the goods or services specified in the identification to items in that

class.

The examining attorney must require any necessary

amendments to ensure that the classification is correct for the specified goods or

services. In an application under Trademark Act §1 or §44, if the applicant

identifies goods or services that are classified in a greater number of classes than

the classes for which filing fees have been paid, the examining attorney must require

that the applicant either:  (1) pay the additional fees; or (2) amend the

identification to restrict the application to the number of classes for which fees

have already been paid.

See

TMEP

§§810.01

,

1403.02(c)

.

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.

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 Common Regs. The examining

attorney will not question the sufficiency of the filing fee in a §66(a) application

lasses in an

electronically filed §1 or §44 application submitted on or after January 18, 2025.

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 Common Regs. The examining

attorney will not question the sufficiency of the filing fee in a §66(a) application.

The classification in a §66(a) application may not be changed, and classes may not be

added.

See

TMEP

§1401.03(d)

.