Fee for Appeal

When filing an ex parte appeal to the Board from the

refusal of the examining attorney to register a mark, the applicant must pay a fee for

each class in the application for which the appeal is taken.

37

C.F.R. §2.141(c)

.

The fee for at least one class must be paid before

expiration of the time period for responding to the Office action from which the appeal

is taken, or the application is abandoned. See

TMEP

§711

regarding the deadline for response to an Office action

and

§711.01

regarding requests for an extension of time to

respond to an Office action with a three-month response period. If the fee filed with

the appeal is sufficient for at least one class but insufficient for all the classes in

a multiple-class application, and the applicant has not specified the class(es) to which

the fee applies, the Board will notify the applicant of the defect, and will set a time

limit in which the applicant may either pay the additional fee(s), or limit the appeal

to the number of classes for which the fee(s) have been paid. If the applicant does not

submit the required fee(s) or specify the class(es) to which the fee applies within the

time set in the notice, the fee submitted will be applied to the classes in ascending

order, beginning with the lowest-numbered class and including the number of classes in

the application for which sufficient fees have been submitted.

See

37 C.F.R. §2.141(c)

;

TBMP §1202.04

.