TMEP 1403.02(c): Addition of Classes

October 2017 Edition of the TMEP

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1403.02(c)    Addition of Classes

In an application under §1 or §44 of the Trademark Act, class(es) may be added if any of the items originally recited are properly classified in class(es) not originally indicated.  The applicant must pay an additional fee for each new class.

The amount of the fee varies depending on the method used to file the original application and the amendment adding classes, as follows:

  • If the original application was filed through TEAS RF or TEAS Plus and the amendment is filed through TEAS (either as a voluntary amendment or a response to an examining attorney’s Office action) or entered by examiner’s amendment, then the fee for adding a class is the same as the TEAS RF or TEAS Plus application filing fee per class ( see 37 C.F.R. §2.6(a)(1)(iii), (iv)).
  • If the original application was not filed through TEAS RF or TEAS Plus, and the amendment is filed through TEAS or entered by examiner’s amendment, then the fee for adding a class is the same as the TEAS Regular application filing fee per class ( see 37 C.F.R. §2.6(a)(1)(ii)).
  • If the amendment is filed on paper, then the fee for adding a class is the same as the fee per class for filing an application on paper ( see 37 C.F.R. §2.6(a)(1)(i) ), regardless of how the original application was filed.

The current fee schedule is available on the USPTO website at http://www.uspto.gov.

If dates of use for a class that is added are different from dates previously set forth, the applicant must submit an affidavit or declaration under 37 C.F.R. §2.20 to verify these dates. See37 C.F.R. §2.71(c).  See TMEP §903.04 regarding a permissible amendment of dates of use.

An additional specimen that is not identical to a specimen originally filed must be supported by an affidavit or declaration attesting to its use as of an appropriate date. 37 C.F.R. §2.59(a); TMEP §904.05.

If an intent-to-use application is amended to add class(es), the applicant must submit, for each added class, the basic application fee and fees for the allegation of use (i.e., either the amendment to allege use or the statement of use), and any extension request(s) granted in the interim.  This applies even if the classes are added after the amendment to allege use or statement of use is filed, or the extension request(s) is granted.

In a §66(a) application, classes may not be added, and goods/services may not be transferred from one class to another in a multiple-class application. 37 C.F.R. §2.85(d);  see TMEP §§1401.03(d), 1402.01(c), 1904.02(b), (c).