TMEP 1403.02(a): Deletion of Classes

October 2017 Edition of the TMEP

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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)