1403.02(a)   Deletion of Classes

An applicant may delete a class or classes and prosecute the application only in the remaining class or classes.  Normally, the filing fee is not refunded when a class is deleted.  37 C.F.R. §2.209; TMEP §§405.04 and 810.02.

If the applicant designates the classes incorrectly and there are actually no goods in one of the classes designated in a multiple class application, the fee for that class may be refunded.