Applications; services; materials
The Director shall establish fees for the filing and processing of an application for the registration of a trademark or other mark and for all other services performed by and materials furnished by the Patent and Trademark Office related to trademarks and other marks. Fees established under this subsection may be adjusted by the Director once each year to reflect, in the aggregate, any fluctuations during the preceding 12 months in the Consumer Price Index, as determined by the Secretary of Labor. Changes of less than 1 percent may be ignored. No fee established under this section shall take effect until at least 30 days after notice of the fee has been published in the Federal Register and in the Official Gazette of the Patent and Trademark Office.
Waiver; Indian products
The Director may waive the payment of any fee for any service or material related to trademarks or other marks in connection with an occasional request made by a department or agency of the Government, or any officer thereof. The Indian Arts and Crafts Board will not be charged any fee to register Government trademarks of genuineness and quality for Indian products or for products of particular Indian tribes and groups.
July 5, 1946, ch. 54060 Stat. 437Pub. L. 85–609, § 1(e)72 Stat. 540Pub. L. 89–83, § 379 Stat. 260Pub. L. 93–596, § 188 Stat. 1949Pub. L. 96–517, § 594 Stat. 3018Pub. L. 97–247, § 3(f)96 Stat. 319Pub. L. 97–256, title I, § 10396 Stat. 816Pub. L. 102–204, § 5(f)(1)105 Stat. 1640Pub. L. 105–330, title II, § 201(a)(7)112 Stat. 3070Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(1)(B)]113 Stat. 1536(, title V, § 31, ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , , 1501A–583.)
Editorial Notes
Prior Provisions
Feb. 20, 1905, ch. 59233 Stat. 728Mar. 19, 1920, ch. 104, § 841 Stat. 535Apr. 11, 1930, ch. 132, § 446 Stat. 155Acts , §§ 14, 15, ; , ; , .
Amendments
Pub. L. 106–1131999— substituted “Director” for “Commissioner” wherever appearing.
Pub. L. 105–3301998— made technical amendment relating to section catchline.
Pub. L. 102–2041991—Subsec. (a). amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Commissioner will establish fees for the filing and processing of an application for the registration of a trademark or other mark and for all other services performed by and materials furnished by the Patent and Trademark Office related to trademarks and other marks. However, no fee for the filing or processing of an application for the registration of a trademark or other mark or for the renewal or assignment of a trademark or other mark will be adjusted more than once every three years. No fee established under this section will take effect prior to sixty days following notice in the Federal Register.”
Pub. L. 97–2561982—Subsec. (a). struck out “of Patents” after “Commissioner”.
Pub. L. 97–247 struck out provisions directing that fees be set and adjusted by the Commissioner to recover in aggregate 50 per centum of the estimated average cost to the Office of processing and that fees for all other services or materials related to trademarks and other marks recover the estimated average cost to the Office of performing the service or furnishing the material.
Pub. L. 96–5171980—Subsec. (a). in revising fee provisions required the Commissioner to establish fees based on recovery of estimated average cost of processing applications, performing services and providing material; authorized triennial adjustments; and prescribed an effective date for fees; deleted prior provisions containing statutory schedule covering fees for filing: applications for registration and renewals, affidavits, revival petitions for abandoned applications, opposition or application for cancellation, disclaimers, and notice of benefits for a mark to be published; and fees covering: appeals from examiners in charge of registration, certificates of amendment, certifying, printed copies of registered marks, and recordation of documents and papers relating to property in a registration or application.
Pub. L. 96–517Subsec. (b). added subsec. (b) and struck out former subsec. (b) authorizing Commissioner to establish charges for copies of records, publications, or services of Patent and Trademark Office. See subsec. (a).
Pub. L. 96–517Subsec. (c). in revising fee provisions struck out subsec. (c) authorizing Commissioner to refund any mistaken or excessive payments.
Pub. L. 93–5961975—Subsec. (a). substituted “Patent and Trademark Office” for “Patent Office”.
Pub. L. 93–596Subsec. (b). substituted “Patent and Trademark Office” for “Patent Office”.
Pub. L. 89–831965— increased fees for filing an application for registration of a mark from $25 to $35; for issuance of a new certificate of registration following a change of ownership of a mark or correction of a registrant’s mistake from $10 to $15; for a certificate of correction of registrant’s mistake from $10 to $15; for filing a disclaimer from $10 to $15; and for recording an assignment, agreement, or other paper relating to the property in a registration or application from $3 for documents not exceeding six pages plus $1 for each additional two pages or less and 50 cents additional for each additional registration or application included in one writing, to a $20 fee for every document plus an additional fee of $3 for each additional item where the document relates to more than one application or registration; eliminated provisions which established fees for the surrender or cancellation of a registration, for an abstract of title, for a title report required for office use, for certificates that marks have not been registered, and for copies of various specified records and documents; added the fees for filing and affidavit under section 1058(a) or (b) of this title and for filing a petition for the revival of an abandoned application; empowered the Commissioner to establish charges for copies of records, publications or services furnished by the Patent Office; and made the provisions relating to refunds of sums paid by mistake permissive.
Pub. L. 85–6091958— struck out “to the Commissioner” after “on appeal from an examiner in charge of the registration of marks”, and provisions which required payment of a $25 fee on appeals from an examiner in charge of interferences to the Commissioner.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 Amendment
Pub. L. 106–113Pub. L. 106–113section 1 of Title 35Amendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under , Patents.
Effective Date of 1998 Amendment
Pub. L. 105–330section 201(b) of Pub. L. 105–330section 1051 of this titleAmendment by effective , and applicable only to any civil action filed or proceeding before the United States Patent and Trademark Office commenced on or after such date relating to the registration of a mark, see , set out as a note under .
Effective Date of 1982 Amendment
Pub. L. 97–247section 17(a) of Pub. L. 97–247section 41 of Title 35Amendment by effective , see , set out as a note under , Patents.
Effective Date of 1980 Amendment
Pub. L. 96–517Pub. L. 96–517section 41 of Title 35Amendment by effective , with provision for continuation of fees in effect as of such date until corresponding fees are established under this section, see section 8(a), (d) of , set out as a note under , Patents.
Effective Date of 1975 Amendment
Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1965 Amendment
Pub. L. 89–83Pub. L. 89–83section 41 of Title 35For effective date and applicability of amendment by , see section 7(a), (d) of , set out as a note under , Patents.
Effective Date of 1958 Amendment
Pub. L. 85–609section 3 of Pub. L. 85–609section 1067 of this titleFor effective date and applicability of amendment by , see , set out as a note under .
Repeal and Effect on Existing Rights
section 1051 of this titleRepeal of inconsistent provisions, effect of this chapter on pending proceedings and existing registrations and rights under prior acts, see notes set out under .
Appropriations and Fees Authorized To Be Carried Over
section 2 of Pub. L. 99–607section 42 of Title 35For provisions authorizing fees collected under this chapter, and certain appropriations, to remain available until expended, see , set out as a note under , Patents.
Trademark Fees
Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4203]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13208116 Stat. 1908
Pub. L. 103–179, § 4107 Stat. 2040
Pub. L. 102–204, § 5(f)(2)105 Stat. 164015 U.S.C. 1113(a)31 U.S.C. 31(a)5 U.S.C. 553, , , provided that fees established by Commissioner of Patents and Trademarks under during fiscal year 1992 could reflect fluctuations during the preceding 3 years in the Consumer Price Index and could take effect on or after 1 day after such fees are published in the Federal Register and that the last sentence of and did not apply to the establishment of such fees.
Similar provisions were contained in the following prior appropriation acts:
Reorganization Plan No. 5 of 1950
Pub. L. 85–609section 1067 of this titleAmendment by as subject to Reorganization Plan No. 5 of 1950, see note set out under .
Executive Documents
Transfer of Functions
64 Stat. 1263For transfer of functions of other officers, employees, and agencies of Department of Commerce, with certain exceptions, to Secretary of Commerce, with power to delegate, see Reorg. Plan No. 5 of 1950, §§ 1, 2, eff. , 15 F.R. 3174, , set out in the Appendix to Title 5, Government Organization and Employees.