TMEP 1501.04: Fee for Appeal

October 2017 Edition of the TMEP

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1501.04    Fee for Appeal

When filing an ex parte appeal to the Board from the refusal of the examining attorney to register a mark, the applicant must pay a fee for each class in the application for which the appeal is taken. 37 C.F.R. §2.141(b).

The fee for at least one class must be paid before expiration of the six-month statutory filing period, or the application is abandoned.  If the fee filed with the appeal is sufficient for at least one class but insufficient for all the classes in a multiple-class application, and the applicant has not specified the class(es) to which the fee applies, the Board will notify the applicant of the defect, and will set a time limit in which the applicant may either pay the additional fee(s), or limit the appeal to the number of classes for which the fee(s) have been paid.  If the applicant does not submit the required fee(s) or specify the class(es) to which the fee applies within the time set in the notice, the fee submitted will be applied to the classes in ascending order, beginning with the lowest-numbered class and including the number of classes in the application for which sufficient fees have been submitted. See37 C.F.R. §2.141(b); TBMP §1202.04.