TMEP 1401.04(b): Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid

October 2017 Edition of the TMEP

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1401.04(b)    Limiting Goods and Services to the Number of Classes for Which Filing Fees Are Paid

An application may list, in connection with each class designated, only goods or services that fall within that class.  An applicant may apply to register a mark for the goods and/or services on or in connection with which the applicant is using or has a bona fide intent to use the mark in commerce, if the applicant submits a filing fee for each class. See15 U.S.C. §111237 C.F.R. §2.86(a).  An application that includes more than one class is called a combined or multiple-class application. See TMEP §§1403–1403.06.

The applicant should designate only the number of classes for which a filing fee is submitted and should limit the specified goods and services to those within the particular class(es) designated.  Thus, if a single filing fee is submitted, the applicant should designate only one class and should limit the goods or services specified in the identification to items in that class.

The examining attorney must require any necessary amendments to ensure that the classification is correct for the specified goods or services.  In an application under §1 or §44 of the Trademark Act, if the applicant identifies goods or services that are classified in a greater number of classes than the classes for which filing fees have been paid, the examining attorney must require that the applicant either: (1) pay the additional fees; or (2) amend the identification to restrict the application to the number of classes for which fees have already been paid. See TMEP §§810.01, 1403.02(c).

In a §66(a) application, the amount of the filing fee will be determined by the IB, who will collect the fee and send it to the USPTO, pursuant to the provisions of the Madrid Protocol and the Common Regs.  The examining attorney will not question the sufficiency of the filing fee in a §66(a) application.  The classification in a §66(a) application may not be changed, and classes may not be added. See TMEP §1401.03(d).