T.M.E.P. § 1705.02
This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.
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1705.02 Petition Fee
A petition must be accompanied by the fee required by 37 C.F.R. 2.6.
Any petition that is not accompanied by the required fee is incomplete. A staff attorney or paralegal in the Office of the Commissioner for Trademarks will notify the petitioner in writing that the petition is incomplete and grant the petitioner 30 days to submit the fee. If the fee is not submitted within the time allowed, the petition is denied without consideration on the merits, because the petitioner has not met the requirements for filing a petition. 37 C.F.R. 2.146(c).
A petition fee will be waived only if the record clearly shows that the petition was the result of a USPTO error. When requesting waiver of a fee, it is recommended that the petitioner submit the fee, but include a request that the fee be refunded because the petition was the result of a USPTO error. This will expedite consideration of the petition if the request for waiver of the petition fee is denied.
If a check submitted as a petition fee is returned to the USPTO unpaid, or an electronic funds transfer or credit card is refused or charged back by a financial institution, the petitioner must resubmit the petition fee, along with a $50 fee for processing the payment that was refused or charged back, before the petition will be considered on the merits. 37 C.F.R. 2.6(b)(12). See TMEP §405.06.