TMEP 1109.15: Filing Fees

This is the October 2015 Edition of the TMEP

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1109.15    Filing Fees

Payment of the filing fee for at least a single class is a minimum filing requirement. See 37 C.F.R. §§2.88(b)(3), (e)(i); In re L.R. Sport Inc., 25 USPQ2d 1533 (Comm’r Pats. 1992).

In a multiple-class application, if the applicant files a statement of use electronically, TEAS will require payment of the fees for all classes. However, if the applicant files a statement of use for a multiple-class application on paper and includes the fee for only one class of goods/services, the ITU staff will issue an Office action granting the applicant 30 days in which to submit the missing fees to cover all classes or specify the class(es) to be abandoned. The additional fees may be paid after the time for filing the statement of use has expired, within the period for response to the Office action. If the applicant does not submit the fees or specify the classes to be abandoned within the set time period, the USPTO will apply the fees paid to the lowest-numbered class(es) in ascending order, and will delete the goods/services in the higher-numbered class(es) from the application. 37 C.F.R. §2.88(b)(3).

If an applicant files a statement of use and a request to divide the application at the same time, and the fees submitted are sufficient for one but not both, the fees will be applied first to the statement of use, and the applicant will be notified of the deficiency. See TMEP §§1110.02 and 1110.07 for further information about filing fees for requests to divide.

If the applicant files an “insurance” extension request in conjunction with a statement of use (see TMEP §1108.03), and the applicant submits fees sufficient for one but not both, the USPTO will apply the fees as follows: (1) if there is enough money to cover the extension request, the USPTO will apply the fees to the extension request to avoid abandonment of the application; or (2) if there is enough money to cover the statement of use, but not enough to cover the extension request, the USPTO will apply the fees to the statement of use.

See TMEP §1109.15(a) regarding returned checks, EFT and credit card payments that are refused by financial institutions, and fees charged to deposit accounts with insufficient funds.