BitLaw

810    Filing Fee

An application under §1 or §44 of the Trademark Act must include a filing fee for each class of goods or services. 15 U.S.C. §§1051(a)(1), 1051(b)(1), and 1126.

The required filing fee for at least one class of goods or services must be received before an application can be given a filing date. 37 C.F.R. §2.21(a)(5).

The amount of the trademark application filing fee varies, depending upon whether the application (or the amendment adding classes to an existing application) is filed through TEAS or on paper.  An applicant has four choices.  The applicant can file:

• A paper application at the highest fee per class, set forth in 37 C.F.R. §2.6(a)(1)(i);
• A regular TEAS application at the lower fee per class set forth in 37 C.F.R. §2.6(a)(1)(ii);
• A TEAS RF application ( see TMEP §820) at the lower fee per class set forth in 37 C.F.R. §2.6(a)(1)(iii); or
• A TEAS Plus application ( see TMEP §§819–819.04) at the lowest fee per class, set forth in 37 C.F.R. §2.6(a)(1)(iv).

See 70 Fed. Reg. 2952 (Jan. 19, 2005); 70 Fed. Reg. 38768 (July 6, 2005); 79 Fed. Reg. 74633 (Dec. 16, 2014).  The current fee schedule is available on the USPTO website at http://www.uspto.gov.

Note:  TEAS, TEAS RF, or TEAS Plus applications that are downloaded, printed, and mailed to the USPTO are considered paper applications and are subject to the paper application filing fee.

An applicant who amends an application to add classes is entitled to the lower fee if the applicant files the amendment through TEAS (either as a voluntary amendment or a response to an examining attorney’s Office action), or through an examiner’s amendment.  The applicant must pay the higher fee if the applicant files an amendment adding class(es) on paper.  See TMEP §§1403.02(c) and 1403.06 for further information about fees in multiple-class applications.

See also TMEP §§405–405.06 regarding payment of fees to the USPTO, and TMEP §§202.03(a) and 202.03(a)(i) regarding the processing of applications in which a check submitted as the application filing fee is returned unpaid, or an electronic funds transfer or credit card payment is refused or charged back by a financial institution.

The filing fee for a §66(a) application will be sent to the USPTO by the IB, pursuant to the provisions of the Madrid Protocol and the Common Regulations.  The examining attorney must not require additional fees during examination.