308.01(b) Insufficient Fee
A notice of opposition against an application based on Trademark Act § 66(a), 15 U.S.C. § 1141f(a), must be filed electronically through ESTTA. [ Note 1.] See TBMP § 309.
A notice of opposition against an application based on Trademark Act § 1 or Trademark Act § 44, 15 U.S.C. § 1051 or 15 U.S.C. § 1126, must be filed either through ESTTA or on paper. [ Note 2.] See TBMP § 309.
An otherwise timely opposition will not be accepted via ESTTA unless the opposition is accompanied by a fee that is sufficient to pay, in full, for each named party opposer to oppose the registration of a mark in each class specified in the opposition. [ Note 3.]
If an otherwise timely opposition is submitted on paper, and if the opposition is not accompanied by any fee or a sufficient fee to pay for one person to oppose the registration of a mark in at least one class, the opposition will be rejected. [ Note 4.] If the opposition is accompanied by fees sufficient to pay for one person to oppose registration in at least one class, but less than sufficient to pay for all the opposed classes in the application and/or all party opposers, the opposition will be instituted and the fee(s) submitted will be applied in the manner set forth in 37 CFR § 2.101(d)(3)(ii) -37 CFR § 2.101(d)(3)(iii). The institution notice will identify the parties and classes for which the required fees were submitted. See TBMP § 310.
The responsibility for filing proper fees rests with the party filing the fees.
NOTES:
1. See 37 CFR § 2.101(b)(2).
2. See 37 CFR § 2.101(b)(1).
3. See 37 CFR § 2.101(d)(2); Syngenta Crop Protection Inc. v. Bio-Chek LLC, 90 USPQ2d 1112, 1115 n.2 (TTAB 2009) (second named opposer not party to proceeding where notice of opposition named two opposers, but fee payment sufficient for only one opposer and only one opposer identified in ESTTA cover sheet); Vibe Records Inc. v. Vibe Media Group LLC, 88 USPQ2d 1280 (TTAB 2008) (where ESTTA filing process not completed because no fee was paid, date appearing on the ESTTA "Validate" screen is inoperative; opposition dismissed as a nullity).