§2.1-§2.7    RULES APPLICABLE TO TRADEMARK CASES

§2.1    [Reserved]

§2.2    Definitions.

  • (a) The Act as used in this part means the Trademark Act of 1946, 60 Stat. 427, as amended, codified in 15 U.S.C. 1051 et. seq.
  • (b) Entity as used in this part includes both natural and juristic persons.
  • (c) Director as used in this chapter, except for part 11, means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
  • (d) Federal holiday within the District of Columbia means any day, except Saturdays and Sundays, when the United States Patent and Trademark Office is officially closed for business for the entire day.
  • (e) The term Office or abbreviation USPTO means the United States Patent and Trademark Office.
  • (f) The acronym TEAS means the Trademark Electronic Application System and, as used in this part, includes all related electronic systems required to complete an electronic submission through TEAS.
  • (g) The acronym ESTTA means the Electronic System for Trademark Trials and Appeals and, as used in this part, includes all related electronic systems required to complete an electronic submission through ESTTA.
  • (h) The term international application as used in this part means, in addition to the definition in section 60 of the Act, an application seeking an extension of protection of an international registration in an initial designation filed under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
  • (i) The term subsequent designation as used in this part means a request for extension of protection of an international registration made after the International Bureau registers the mark on the International Register.
  • (j) The term holder as used in this part means, in addition to the definition of a "holder of an international registration" in section 60 of the Act, the natural or juristic person in whose name an international registration seeking an extension of protection to the United States is recorded on the International Register.
  • (k) The term use in commerce or use of the mark in commerce as used in this part means, in addition to the definition of "use in commerce" in section 45 of the Act:
    • (1) For a trademark or service mark, use of the mark in commerce by an applicant, owner, or holder on or in connection with the goods or services specified in a U.S. application, amendment to allege use, statement of use, or affidavit or declaration of use or excusable nonuse;
    • (2) For a collective trademark or collective service mark, use of the mark in commerce by members on or in connection with the goods or services specified in a U.S. application, amendment to allege use, statement of use, or affidavit or declaration of use or excusable nonuse;
    • (3) For a collective membership mark, use of the mark in commerce by members to indicate membership in the collective organization as specified in a U.S. application, amendment to allege use, statement of use, or affidavit or declaration of use or excusable nonuse; and
    • (4) For a certification mark, use of the mark in commerce by authorized users on or in connection with the goods or services specified in a U.S. application, amendment to allege use, statement of use, or affidavit or declaration of use or excusable nonuse.
  • (l) The term bona fide intention to use the mark in commerce as used in this part means, for a trademark or service mark, that an applicant or holder has a bona fide intention to use the mark in commerce on or in connection with the goods or services specified in a U.S. application or international application/subsequent designation.
  • (m) The term bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce as used in this part means:
    • (1) For a collective trademark or collective service mark, that an applicant or holder has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce by members on or in connection with the goods or services specified in a U.S. application or international application/subsequent designation;
    • (2) For a collective membership mark, that an applicant or holder has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce by members to indicate membership in the collective organization as specified in a U.S. application or international application/subsequent designation; and
    • (3) For a certification mark, that an applicant or holder has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce by authorized users on or in connection with the goods or services specified in a U.S. application or international application/subsequent designation.
  • (n) The term verified statement, and the terms verify, verified, or verification as used in this part refers to a statement that is sworn to, made under oath or in an affidavit, or supported by a declaration under § 2.20 or 28 U.S.C. 1746, and signed in accordance with the requirements of § 2.193.
  • (o) The term domicile as used in this part means the permanent legal place of residence of a natural person or the principal place of business of a juristic entity.
  • (p) The term principal place of business as used in this part means the location of a juristic entity’s headquarters where the entity’s senior executives or officers ordinarily direct and control the entity’s activities and is usually the center from where other locations are controlled.
  • (q) The acronym ETAS means the Electronic Trademark Assignment System and, as used in this part, includes all related electronic systems required to complete an electronic submission through ETAS.
  • (r) Eastern Time means Eastern Standard Time or Eastern Daylight Time, as appropriate.
  • (s) The term electronic submission as used in this part refers to any submission made through an electronic filing system available on the Office's website, but not through email or facsimile transmission.
  • (t) The abbreviation USPS as used in this part means the U.S. Postal Service.

[54 FR 37588, Sept. 11, 1989; 68 FR 48286, Aug. 13, 2003, effective Sept. 12, 2003; 68 FR 55748, Sept. 26, 2003, effective Nov. 2, 2003; 73 FR 47650, Aug 14. 2008, effective Sept. 15, 2008; 78 FR 20180, April 3, 2013, effective May 3, 2013; 80 FR 33170, June 11, 2015, effective July 11, 2015; 84 FR 31498, July 2, 2019, effective August 3, 2019; 84 FR 37081, July 31, 2019, effective Feb. 15, 2020]

§2.6    Trademark fees.

  • (a) Trademark process fees.
    • (1) Application filing fees.
      • (i) For filing an application on paper, per class—$750.00
      • (ii) For filing an application under section 66(a) of the Act, per class—$500.00
      • (iii) For filing a TEAS Standard application, per class—$350.00
      • (iv) For filing a TEAS Plus application under § 2.22, per class—$250.00
      • (v) Additional processing fee under § 2.22(c), per class—$100.00
    • (2) Amendment to allege use.
      • (i) For filing an amendment to allege use under section 1(c) of the Act on paper, per class—$200.00
      • (ii) For filing an amendment to allege use under section 1(c) of the Act through TEAS, per class—$100.00
    • (3) Statement of use.
      • (i) For filing a statement of use under section 1(d)(1) of the Act on paper, per class—$200.00
      • (ii) For filing a statement of use under section 1(d)(1) of the Act through TEAS, per class—$100.00
    • (4) Extension of time for filing statement of use.
      • (i) For filing a request under section 1(d)(2) of the Act for a six-month extension of time for filing a statement of use under section 1(d)(1) of the Act on paper, per class—$225.00
      • (ii) For filing a request under section 1(d)(2) of the Act for a six-month extension of time for filing a statement of use under section 1(d)(1) of the Act through TEAS, per class—$125.00
    • (5) Application for renewal of a registration fees.
      • (i) For filing an application for renewal of a registration on paper, per class—$500.00
      • (ii) For filing an application for renewal of a registration through TEAS, per class—$300.00
    • (6) Renewal during grace period.
      • (i) Additional fee for filing a renewal application during the grace period on paper, per class—$200.00
      • (ii) Additional fee for filing a renewal application during the grace period through TEAS, per class—$100.00
    • (7) Publishing mark under section 12(c).
      • (i) For filing to publish a mark under section 12(c) on paper, per class—$200.00
      • (ii) For filing to publish a mark under section 12(c), per class through TEAS—$100.00
    • (8) New certificate of registration.
      • (i) For issuing a new certificate of registration upon request of registrant, request filed on paper—$200.00
      • (ii) For issuing a new certificate of registration upon request of registrant, request filed through TEAS—$100.00
    • (9) Certificate of correction of registrant’s error.
      • (i) For a certificate of correction of registrant’s error, request filed on paper—$200.00
      • (ii) For a certificate of correction of registrant’s error, request filed through TEAS—$100.00
    • (10) Disclaimer to a registration.
      • (i) For filing a disclaimer to a registration, on paper—$200.00
      • (ii) For filing a disclaimer to a registration, through TEAS or ESTTA—$100.00
    • (11) Amendment of registration.
      • (i) For filing an amendment to a registration, on paper—$200.00
      • (ii) For filing an amendment to a registration, through TEAS or ESTTA—$100.00
      • (iii) For filing an amendment to a registration prior to submission of an affidavit under section 8 or section 71 of the Act and consisting only of the deletion of goods, services, and/or classes—$0.00
    • (12) Affidavit under section 8.
      • (i) For filing an affidavit under section 8 of the Act on paper, per class—$325.00
      • (ii) For filing an affidavit under section 8 of the Act through TEAS, per class—$225.00
      • (iii) For deleting goods, services, and/or classes after submission and prior to acceptance of an affidavit under section 8 of the Act on paper, per class—$350.00
      • (iv) For deleting goods, services, and/or classes after submission and prior to acceptance of an affidavit under section 8 of the Act through TEAS, per class—$250.00
    • (13) Affidavit under section 15.
      • (i) For filing an affidavit under section 15 of the Act on paper, per class—$300.00
      • (ii) For filing an affidavit under section 15 of the Act through TEAS, per class—$200.00
    • (14) Filing section 8 affidavit during grace period.
      • (i) Additional fee for filing a section 8 affidavit during the grace period on paper, per class—$200.00
      • (ii) Additional fee for filing a section 8 affidavit during the grace period through TEAS, per class—$100.00
    • (15) Petitions to the Director.
      • (i) For filing a petition under § 2.146 or § 2.147 on paper—$350.00
      • (ii) For filing a petition under § 2.146 or § 2.147 through TEAS—$250.00
      • (iii) For filing a petition under § 2.66 on paper—$250.00
      • (iv) For filing a petition under § 2.66 through TEAS—$150.00
    • (16) Petition to cancel.
      • (i) For filing a petition to cancel on paper, per class—$700.00
      • (ii) For filing a petition to cancel through ESTTA, per class—$600.00
    • (17) Notice of opposition.
      • (i) For filing a notice of opposition on paper, per class—$700.00
      • (ii) For filing a notice of opposition through ESTTA, per class—$600.00
    • (18) Ex parte appeal.
      • (i) For filing an ex parte appeal to the Trademark Trial and Appeal Board on paper, per class—$325.00
      • (ii) For filing an ex parte appeal to the Trademark Trial and Appeal Board through ESTTA, per class—$225.00
      • (iii) For filing a first request for an extension of time to file an appeal brief, per application—$0.00
      • (iv) For filing a second or subsequent request for an extension of time to file an appeal brief on paper, per application—$200.00
      • (v) For filing a second or subsequent request for an extension of time to file an appeal brief through ESTTA, per application—$100.00
      • (vi) For filing an appeal brief on paper, per class—$300.00
      • (vii) For filing an appeal brief through ESTTA, per class—$200.00
    • (19) Dividing an application.
      • (i) Request to divide an application filed on paper, per new application created—$200.00
      • (ii) Request to divide an application filed through TEAS, per new application created—$100.00
    • (20) Correcting deficiency in section 8 affidavit.
      • (i) For correcting a deficiency in a section 8 affidavit via paper filing—$200.00
      • (ii) For correcting a deficiency in a section 8 affidavit via TEAS filing—$100.00
    • (21) Correcting deficiency in renewal application.
      • (i) For correcting a deficiency in a renewal application via paper filing—$200.00
      • (ii) For correcting a deficiency in a renewal application via TEAS filing—$100.00
    • (22) Extension of time for filing notice of opposition under § 2.102(c)(1)(ii) or (c)(2).
      • (i) For filing a request for an extension of time to file a notice of opposition under § 2.102(c)(1)(ii) or (c)(2) on paper—$400.00
      • (ii) For filing a request for an extension of time to file a notice of opposition under § 2.102(c)(1)(ii) or (c)(2) through ESTTA—$200.00
    • (23) Extension of time for filing notice of opposition under § 2.102(c)(3).
      • (i) For filing a request for an extension of time to file a notice of opposition under § 2.102(c)(3) on paper—$500.00
      • (ii) For filing a request for an extension of time to file a notice of opposition under § 2.102(c)(3) through ESTTA—$400.00
    • (24) Oral hearing. For filing a request for an oral hearing before the Trademark Trial and Appeal Board, per proceeding—$500.00
    • (25) Letter of protest. For filing a letter of protest, per subject application—$50.00
  • (b) Trademark service fees.
    • (1) For printed copy of registered mark, copy only. Service includes preparation of copies by the Office within two to three business days and delivery by United States Postal Service; and preparation of copies by the Office within one business day of receipt and delivery to an Office Box or by electronic means (e.g., facsimile, electronic mail)—$3.00
    • (2) Certified or uncertified copy of trademark application as filed processed within seven calendar days—$15.00
    • (3) Certified or uncertified copy of a trademark-related official record—$50.00
    • (4) Certified copy of a registered mark, showing title and/or status:
      • (i) Regular service—$15.00
      • (ii) Expedited local service—$30.00
    • (5) Certified or uncertified copy of trademark records, per document except as otherwise provided in this section—$25.00
    • (6) For recording each trademark assignment, agreement or other document relating to the property in a registration or application
      • (i) First property in a document—$40.00
      • (ii) For each additional property in the same document—$25.00
    • (7) For assignment records, abstract of title and certification, per registration—$25.00
    • (8) Additional Fee for Overnight Delivery—$40.00
    • (9) Additional Fee for Expedited Service—$160.00
    • (10) For processing each payment refused (including a check returned "unpaid") or charged back by a financial institution—$50.00
    • (11) Deposit account service charge for each month when the balance at the end of the month is below $1,000—$25.00

[56 FR 65155, Dec. 13, 1991; 56 FR 66670, Dec. 24, 1991, as amended at 57 FR 38196, Aug. 21, 1992; 59 FR 256, Jan. 4, 1994;60 FR 41018, Aug. 11, 1995; 62 FR 40450, July 29, 1997; 64 FR 48900, Sept. 8, 1999, effective Oct. 30, 1999; 64 FR 67486, Dec. 2, 1999; 64 FR 67774, Dec. 10, 1999; 67 FR 79520, Dec. 30, 2002; 67 FR 70847, November 27, 2002, effective January 1, 2003; 68 FR 14332, March 25, 2003, effective May 1, 2003; 68 FR 48286, Aug. 13, 2003, effective Sept. 12, 2003; 70 FR 2952, Jan. 19, 2005, effective Jan. 31, 2005; 70 FR 38768, July 6, 2005, effective July 18, 2005; 73 FR 67759, Nov. 17, 2008, effective Jan. 16, 2009; 79 FR 74633, Dec. 16, 2014, effective Jan. 17, 2015; 81 FR 72694, Oct. 21, 2016, effective Jan. 14, 2017; 84 FR 37081, July 31, 2019, effective Feb. 15, 2020; 85 FR 73197, Nov. 17, 2020, effective Jan. 2, 2021]

§2.7    Fastener Recordal Fees.

  • (a) Application fee for recordal of insignia—$20.00
  • (b) Renewal of insignia recordal—$20.00
  • (c) Surcharge for late renewal of insignia recordal—$20.00

[61 FR 55223, Oct. 25, 1996]