T.M.E.P. § 810
Filing Fee

Executive summary:

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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810 Filing Fee

An application under §1 or §44 of the Trademark Act must include a filing fee for each class of goods or services. 15 U.S.C. 1051(a)(1) and (b)(1).

The required filing fee for at least one class of goods or services must be received before an application can be given a filing date. 37 C.F.R. 2.21(a)(5).

The amount of the trademark application filing fee varies depending whether the application (or the amendment adding classes to an existing application) is filed through TEAS or on paper. It is less expensive to file through TEAS. 37 C.F.R. 2.6(a)(1). See notice at 70 Fed. Reg. 2952 (Jan. 19, 2005). The current fee schedule is available on the USPTO website at http://www.uspto.gov.

An applicant who amends an application to add classes is entitled to the lower fee if the applicant files the amendment through TEAS, either as a preliminary amendment or a response to an examining attorney's Office action. Applicant must pay the higher fee if the applicant files an amendment adding class(es) on paper or authorizes an examining attorney to add class(es) by examiner's amendment.

See TMEP §§405 et seq. regarding payment of fees to the USPTO. See also TMEP §§202.03(a) and 202.03(a)(i) regarding the processing of applications in which a check submitted as the application filing fee is returned unpaid, or an electronic funds transfer or credit card payment is refused or charged back by a financial institution.

The filing fee for a §66(a) application will be sent to the USPTO by the IB, pursuant to the provisions of the Madrid Protocol and the Common Regulations Under the Madrid Agreement Concerning the International Registration of Marks and the Protocol Relating to That Agreement (April 1, 2004) ("Common Regs."). The examining attorney should not require additional fees during examination.