T.M.E.P. § 1501.04
Fee for Appeal

Executive summary:

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1501.04 Fee for Appeal

When filing an ex parte appeal to the Trademark Trial and Appeal 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.

The fee for at least one class of goods/services must be paid before expiration of the six month statutory filing period, or the application is abandoned. If the fee filed with the appeal is sufficient for at least one class of goods/services but insufficient for all the classes in a multiple class application, 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. See 37 C.F.R. 2.85(e); TBMP §1202.04.