# TMEP § 1401.04: Classification Determines Number of Fees > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04 ## Section - **Citation:** TMEP § 1401.04 - **Heading:** Classification Determines Number of Fees - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** USPTO TMEP / Chapter 1400 - Classification and Identification of Goods and Services / TMEP § 1401.04 ## Text 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. ## Nearby sections - [TMEP § 1401.01 Statutory Authority](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.01.md) - [TMEP § 1401.02 International Trademark Classification Adopted](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02.md) - [TMEP § 1401.02(a) Headings of International Trademark Classes](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(a).md) - [TMEP § 1401.02(b) Short Titles for International Trademark Classes](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(b).md) - [TMEP § 1401.02(c) International Alphabetical List](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.02(c).md) - [TMEP § 1401.03 Designation of Class](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03.md) - [TMEP § 1401.03(a) Designation of Class by Applicant Normally Initially Accepted in Applications Under §§1 and 44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(a).md) - [TMEP § 1401.03(b) Designation of Class by USPTO When Class Number Is Not Designated or Is Inaccurate in Application Under §1 or §44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(b).md) - [TMEP § 1401.03(c) Failure to Classify May Delay Action in Applications Under §§1 and 44](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(c).md) - [TMEP § 1401.03(d) Classification Determined by World Intellectual Property Organization in §66(a) Applications](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.03(d).md) - [TMEP § 1401.04 Classification Determines Number of Fees](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04.md) - [TMEP § 1401.04(a) Prior United States Classification System](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04(a).md) - [TMEP § 1401.04(b) Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04(b).md) - [TMEP § 1401.05 Criteria on Which International Classification Is Based](https://www.frixlaw.com/law-library/statutes/TMEP_S1401.05.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1401.04. Check the current official text before relying on it. Not legal advice.