1403.02(a) Deletion of Classes
An applicant may delete a class or classes and prosecute the application only in the remaining class or classes. Normally, the filing fee is not refunded when a class is deleted. See 37 C.F.R. §2.209(a); TMEP §§405.04, 810.02.
If the applicant designates the classes incorrectly and there are actually no goods, services, or collective membership description in one of the classes designated in a multiple-class application, the fee for that class may be refunded. See 37 C.F.R. §2.209(a)