405    Fees

37 C.F.R. §2.207.  Methods of payment.

  • (a) All payments of money required in trademark cases, including fees for the processing of international trademark applications and registrations that are paid through the Office, shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank note, or United States Postal Service money order.  If sent in any other form, the Office may delay or cancel the credit until collection is made.  Checks and money orders must be made payable to the Director of the United States Patent and Trademark Office.  (Checks made payable to the Commissioner of Patents and Trademarks will continue to be accepted.)  Payments from foreign countries must be payable and immediately negotiable in the United States for the full amount of the fee required.  Money sent to the Office by mail will be at the risk of the sender, and letters containing money should be registered with the United States Postal Service.
  • (b) Payments of money required for trademark fees may also be made by credit card, except for replenishing a deposit account. Payment of a fee by credit card must specify the amount to be charged to the credit card and such other information as is necessary to process the charge, and is subject to collection of the fee. The Office will not accept a general authorization to charge fees to a credit card. If credit card information is provided on a form or document other than a form provided by the Office for the payment of fees by credit card, the Office will not be liable if the credit card number becomes public knowledge.

Fee payments made through TEAS must be paid by credit card, deposit account, or electronic funds transfer. See 37 C.F.R. §2.207.

Permitted paper filings. For permitted paper filings (see TMEP §301.01), fees may be paid by check, credit card, deposit account, or electronic funds transfer. See 37 C.F.R. §2.207.

See 37 C.F.R. §2.6(a)(1)-(iv)  and TMEP §810 regarding the fee for filing an application for registration.

See TMEP §1903.02 regarding payment of fees to the IB through the USPTO.

405.01    Credit Cards  

Under 37 C.F.R. §2.207(b), the USPTO accepts payment of fees by credit card, subject to actual collection of the fee. A form for authorizing charges to a credit card can be accessed through TEAS for all filings for which a filing fee is required. The USPTO currently accepts charges to the following credit cards: AMERICAN EXPRESS®, DISCOVER®, MASTER CARD®, and VISA®.

Any payment of a fee by credit card must be in writing.  See 37 C.F.R. §2.191. The USPTO will only accept an authorization to charge a fee in a specific dollar amount to a credit card. Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged. 37 C.F.R. §2.209(a). 

Permitted paper filings. For permitted paper filings (see TMEP §301.01), a filer can download a Credit Card Payment Form (PTO-2038) from the USPTO’s website at https://www.uspto.gov/.  The USPTO does not put the Credit Card Payment Form in application or registration records.

A party is not required to use the USPTO’s Credit Card Payment Form when paying a fee by credit card.  However, if a party provides a credit card charge authorization in another form or document (e.g., in the body of an application, cover letter, response to an Office action, or other correspondence relating to a trademark application or registration), the credit card information may become part of the public record. See 37 C.F.R. §2.207(b).

All credit card authorizations must include:  (1) a valid credit card number; (2) a valid expiration date; (3) the name of the cardholder with the cardholder’s signature and the date; (4) a billing address, including zip code; (5) a description and purpose of the payment; and (6) a specific payment amount.  See TMEP §611.01 regarding signature of documents.

If a Credit Card Payment Form or other document authorizing the USPTO to charge a fee to a credit card does not contain the information necessary to charge the fee to the credit card, the form will be returned and the fee will not be processed.  USPTO employees will not accept oral instructions to complete the Credit Card Payment Form or otherwise charge a fee to a credit card.

See Changes to Permit Payment of Patent & Trademark Fees by Credit Card, 65 Fed. Reg. 33,452 (effective June 5, 2000) (codified at 37 C.F.R. pt. 1, subsequently designated at pt. 2) (notice in 1235 TMOG 38 (May 15, 2000)).

See TMEP §405.06 regarding credit card authorizations that are refused or charged back by a financial institution.

405.02    Checks

TEAS does not accept fee payments in the form of checks. TEAS only accepts payment by credit card, deposit account, or electronic funds transfer.

Permitted Paper filings. Trademark Rule 2.207(a), 37 C.F.R. §2.207(a), provides that:

All payments of money required in trademark cases, including fees for the processing of international trademark applications and registrations that are paid through the Office, shall be made in U.S. dollars and in the form of a cashier’s or certified check, Treasury note, national bank note, or United States Postal Service money order.  If sent in any other form, the Office may delay or cancel the credit until collection is made….

It is the practice of the USPTO to accept, as "conditional" payment of a fee, a signed uncertified check (e.g., a personal check).  If an uncertified check clears, then the USPTO considers the fee paid as of the date it received the check.

See TMEP §301.01 regarding the limited exceptions when paper submissions may be submitted.

405.03    Deposit Accounts

37 C.F.R. §2.208.  Deposit accounts.

  • (a) For the convenience of attorneys, and the general public in paying any fees due, in ordering copies of records, or services offered by the Office, deposit accounts may be established in the Office. A minimum deposit of $1,000 is required for paying any fees due or in ordering any services offered by the Office. The Office will issue a deposit account statement at the end of each month. A remittance must be made promptly upon receipt of the statement to cover the value of items or services charged to the account and thus restore the account to its established normal deposit. An amount sufficient to cover all fees, copies, or services requested must always be on deposit. Charges to accounts with insufficient funds will not be accepted. A service charge (§ 2.6(b)(11)) will be assessed for each month that the balance at the end of the month is below $1,000.
  • (b) A general authorization to charge all fees, or only certain fees to a deposit account containing sufficient funds may be filed in an individual application, either for the entire pendency of the application or with respect to a particular document filed.  An authorization to charge a fee to a deposit account will not be considered payment of the fee on the date the authorization to charge the fee is effective as to the particular fee to be charged unless sufficient funds are present in the account to cover the fee.
  • (c) A deposit account holder may replenish the deposit account by submitting a payment to the Office.  A payment to replenish a deposit account must be submitted by one of the methods set forth in paragraphs (c)(1), (c)(2), (c)(3), or (c)(4) of this section.
  • (1) A payment to replenish a deposit account may be submitted by electronic funds transfer through the Federal Reserve Fedwire System, which requires that the following information be provided to the deposit account holder’s bank or financial institution:
  • (i) Name of the Bank, which is Treas NYC (Treasury New York City);
  • (ii) Bank Routing Code, which is 021030004;
  • (iii) United States Patent and Trademark Office account number with the Department of the Treasury, which is 13100001; and
  • (iv) The deposit account holder’s company name and deposit account number.
  • (2) A payment to replenish a deposit account may be submitted by electronic funds transfer over the Office’s Internet Web site (www.uspto.gov ).
  • (3) A payment to replenish a deposit account may be addressed to:  Director of the United States Patent and Trademark Office, Attn: Deposit Accounts, 2051 Jamieson Avenue, Suite 300, Alexandria, Virginia 22314.

A party cannot charge a fee to a deposit account unless he or she has prior authorization to do so.  The Office of Finance maintains a list of persons authorized to request transactions by deposit account.  The USPTO will not charge a fee to a deposit account unless the person requesting the charge appears on the authorized list or files a proper request to have his or her name added to the authorized list.

An authorization to charge a fee to a deposit account must be made in a written document signed and submitted by an authorized person.  It cannot be entered by examiner’s amendment unless the record contains a written authorization signed and submitted by an authorized person.  If there is no written authorization already in the record, the applicant may email the authorization to the examining attorney.

If an applicant submits an authorization to charge a filing fee to a deposit account that has insufficient funds to cover the fee, the applicant has not paid the fee.

If a deposit account has insufficient funds to cover an authorization to charge the initial filing fee for an application for registration, the USPTO will not grant a filing date to the application.  37 C.F.R. §2.21(a)(5);  see TMEP §204.01.

When a deposit account contains insufficient funds to cover a fee that has been authorized, the USPTO notifies the party who filed the authorization of the fee deficiency.  If the fee in question is statutory (e.g., the filing fee for a notice of appeal, statement of use, or request for extension of time to file a statement of use), the fee deficiency must be cured before the expiration of the statutory filing period.  If the deadline for filing the fee is not set by statute, the party who filed the authorization may cure the fee deficiency within the set period for response to the Office action.

A showing that the deposit account contained sufficient funds on the date on which the authorization was first filed, as opposed to the date on which USPTO personnel attempted to charge the fee, will not cure the fee deficiency.  Trademark Rule 2.208(a), 37 C.F.R. §2.208(a), clearly requires that sufficient funds to cover all outstanding charge authorizations be on deposit at all times.  The funds must be available in the account at the time the authorization is presented for debiting.

See TMEP §1104.10(b)(vii) regarding fee deficiencies in amendments to allege use, §1108.02(c) regarding fee deficiencies in requests for extensions of time to file a statement of use, §1109.15(a) regarding fee deficiencies in statements of use, §1604.06(c) regarding fee deficiencies in affidavits under §8 of the Act, §1606.05(c) regarding fee deficiencies in renewal applications, and §1613.06(c) regarding fee deficiencies in affidavits under §71 of the Act.

405.04    Refunds

37 C.F.R. §2.209.  Refunds.

  • (a) The Director may refund any fee paid by mistake or in excess of that required.  A change of purpose after the payment of a fee, such as when a party desires to withdraw a trademark application, appeal or other trademark filing for which a fee was paid, will not entitle a party to a refund of such fee.  The Office will not refund amounts of twenty-five dollars or less unless a refund is specifically requested, and will not notify the payor of such amounts.  If a party paying a fee or requesting a refund does not provide the banking information necessary for making refunds by electronic funds transfer (31 U.S.C. 3332  and 31 CFR part 208), or instruct the Office that refunds are to be credited to a deposit account, the Director may require such information, or use the banking information on the payment instrument to make a refund.  Any refund of a fee paid by credit card will be by a credit to the credit card account to which the fee was charged.
  • (b) Any request for refund must be filed within two years from the date the fee was paid, except as otherwise provided in this paragraph.  If the Office charges a deposit account by an amount other than an amount specifically indicated in an authorization (§ 2.208(b)), any request for refund based upon such charge must be filed within two years from the date of the deposit account statement indicating such charge, and include a copy of that deposit account statement.  The time periods set forth in this paragraph are not extendable.

Under 35 U.S.C. §42(d)   and 37 C.F.R. §2.209, only money paid by mistake or in excess (when a fee is not required by statute or rule, or is not required in the amount paid) may be refunded.  A change of purpose after the payment of money does not entitle a party to a refund.  For example, if a party deletes a class from an application, or decides to no longer go forward with an application or appeal, the party is not entitled to a refund.

If an examining attorney or other USPTO employee erroneously requires a fee, the USPTO will refund the fee submitted in response to the erroneous requirement.

The USPTO will refund any processed filing fee for an application that is denied a filing date, or a filing fee that is untimely.  However, after the USPTO has processed an application or other document, the USPTO will not refund the filing fee.  The USPTO will not refund an application filing fee when registration is refused, nor will it refund a fee when a timely filed document (such as a statement of use under 15 U.S.C. §1051(d)   or affidavit of use or excusable nonuse under 15 U.S.C. §1058)  is rejected for failure to meet the requirements of the statute and/or rules.

Refund requests should be sent to: Director of the U.S. Patent and Trademark Office, Attn: Refunds, 2051 Jamieson Avenue, Suite 300, Alexandria, VA 22314. For more information about requesting a refund, see https://www.uspto.gov/learning-and-resources/fees-and-payment/refund-information.

When a USPTO employee determines that a refund is appropriate, the employee must submit the request to TM Finance with the information necessary for processing the refund.

405.05    Electronic Funds Transfer

The Electronic Funds Transfer (EFT) payment method allows customers to send a payment over the Internet as easily as writing a check.  In general, the Automated Clearing House performs EFT transactions through the Federal Reserve system.  The customer must establish a User ID and Password.  For further information, see https://www.uspto.gov/learning-and-resources/fees-and-payment/accepted-payment-methods.  

405.06    Payments Refused or Charged Back by Financial Institutions

If a check is returned unpaid (for permitted paper filings (see TMEP §301.01)), or an EFT or credit card is refused or charged back by a financial institution, the document that accompanied the payment is processed as though the fee had been omitted.  See In re Paulsen, 35 USPQ2d 1638, 1639 (Comm’r Pats. 1995).  If the document included an authorization to charge deficient fees to a deposit account (see 37 C.F.R §2.208 ) that has sufficient funds to cover the fee, the USPTO charges the fee in question, together with a fee for processing the payment that was refused, to the deposit account.

If the document was not accompanied by an authorization to charge fees to a deposit account, the USPTO notifies the party who filed the document of the fee deficiency in a written action.  If the deadline for filing the fee is not set by statute, the fee may be resubmitted within the period set for response to the Office action.  If the fee in question is statutory (e.g., a filing fee for an appeal, statement of use, or request for extension of time to file a statement of use), the fee must be resubmitted before the expiration of the statutory filing period.

Under 37 C.F.R. §2.6(b)(10), there is a fee for processing any payment that is refused or charged back by a financial institution.  This fee covers the work done by USPTO personnel in processing the payment that is refused or charged back.  The requirement for submission of the processing fee is strictly enforced.  The USPTO will not approve a pending application for publication or registration, or take any other requested action in an application or registration, until all outstanding fees, including the processing fee, have been paid.  Any request for waiver of this processing fee should be referred to the Office of the Deputy Commissioner for Trademark Examination Policy.

See TMEP §202.03(a) and §202.03(a)(i) regarding the processing of an application in which the application filing fee payment is refused or charged back by a financial institution, §1104.10(b)(vii) regarding fee deficiencies in amendments to allege use, §1108.02(c) regarding fee deficiencies in requests for extensions of time to file a statement of use, §1109.15(a) regarding fee deficiencies in statements of use, §1604.06(c) regarding fee deficiencies in affidavits under §8 of the Act, and §1606.05(c) regarding fee deficiencies in renewal applications.