
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC1113]

 
                      TITLE 15--COMMERCE AND TRADE
 
                         CHAPTER 22--TRADEMARKS
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
Sec. 1113. Fees


(a) 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.

(b) 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. 540, title V, Sec. 31, 60 Stat. 437; Pub. L. 85-609, 
Sec. 1(e), Aug. 8, 1958, 72 Stat. 540; Pub. L. 89-83, Sec. 3, July 24, 
1965, 79 Stat. 260; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88 Stat. 1949; 
Pub. L. 96-517, Sec. 5, Dec. 12, 1980, 94 Stat. 3018; Pub. L. 97-247, 
Sec. 3(f), Aug. 27, 1982, 96 Stat. 319; Pub. L. 97-256, title I, 
Sec. 103, Sept. 8, 1982, 96 Stat. 816; Pub. L. 102-204, Sec. 5(f)(1), 
Dec. 10, 1991, 105 Stat. 1640; Pub. L. 105-330, title II, 
Sec. 201(a)(7), Oct. 30, 1998, 112 Stat. 3070; Pub. L. 106-113, div. B, 
Sec. 1000(a)(9) [title IV, Sec. 4732(b)(1)(B)], Nov. 29, 1999, 113 Stat. 
1536, 1501A-583.)


                            Prior Provisions

    Acts Feb. 20, 1905, ch. 592, Secs. 14, 15, 33 Stat. 728; Mar. 19, 
1920, ch. 104, Sec. 8, 41 Stat. 535; Apr. 11, 1930, ch. 132, Sec. 4, 46 
Stat. 155.


                               Amendments

    1999--Pub. L. 106-113 substituted ``Director'' for ``Commissioner'' 
wherever appearing.
    1998--Pub. L. 105-330 made technical amendment relating to section 
catchline.
    1991--Subsec. (a). Pub. L. 102-204 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.''
    1982--Subsec. (a). Pub. L. 97-256 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.
    1980--Subsec. (a). Pub. L. 96-517 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.
    Subsec. (b). Pub. L. 96-517 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).
    Subsec. (c). Pub. L. 96-517 in revising fee provisions struck out 
subsec. (c) authorizing Commissioner to refund any mistaken or excessive 
payments.
    1975--Subsec. (a). Pub. L. 93-596 substituted ``Patent and Trademark 
Office'' for ``Patent Office''.
    Subsec. (b). Pub. L. 93-596 substituted ``Patent and Trademark 
Office'' for ``Patent Office''.
    1965--Pub. L. 89-83 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.
    1958--Pub. L. 85-609 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.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, 
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out 
as a note under section 1 of Title 35, Patents.


                    Effective Date of 1998 Amendment

    Amendment by Pub. L. 105-330 effective Oct. 30, 1998, 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 section 201(b) of Pub. L. 105-330, set 
out as a note under section 1051 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-247 effective Oct. 1, 1982, see section 
17(a) of Pub. L. 97-247, set out as a note under section 41 of Title 35, 
Patents.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-517 effective Dec. 12, 1980, 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 Pub. 
L. 96-517, set out as a note under section 41 of Title 35, Patents.


                    Effective Date of 1975 Amendment

    Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4 of 
Pub. L. 93-596, set out as a note under section 1111 of this title.


                    Effective Date of 1965 Amendment

    For effective date and applicability of amendment by Pub. L. 89-83, 
see section 7(a), (d) of Pub. L. 89-83, set out as a note under section 
41 of Title 35, Patents.


                    Effective Date of 1958 Amendment

    For effective date and applicability of amendment by Pub. L. 85-609, 
see section 3 of Pub. L. 85-609, set out as a note under section 1067 of 
this title.


                  Repeal and Effect on Existing Rights

    Repeal of inconsistent provisions, effect of this chapter on pending 
proceedings and existing registrations and rights under prior acts, see 
notes set out under section 1051 of this title.

                          Transfer of Functions

    For 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, 
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in 
the Appendix to Title 5, Government Organization and Employees.


          Appropriations and Fees Authorized To Be Carried Over

    For provisions authorizing fees collected under this chapter, and 
certain appropriations, to remain available until expended, see section 
2 of Pub. L. 99-607, set out as a note under section 42 of Title 35, 
Patents.


                             Trademark Fees

    Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4203], Nov. 
29, 1999, 113 Stat. 1536, 1501A-554, provided that: ``Notwithstanding 
the second sentence of section 31(a) of the Trademark Act of 1946 (15 
U.S.C. 111(a) [15 U.S.C. 1113(a)]), the Under Secretary of Commerce for 
Intellectual Property and Director of the United States Patent and 
Trademark Office is authorized in fiscal year 2000 to adjust trademark 
fees without regard to fluctuations in the Consumer Price Index during 
the preceding 12 months.''
    Pub. L. 103-179, Sec. 4, Dec. 3, 1993, 107 Stat. 2040, provided 
that: ``Effective on the date of the enactment of this Act [Dec. 3, 
1993], the fee under section 31(a) of the Trademark Act of 1946 (15 
U.S.C. 1113(a)) for filing an application for the registration of a 
trademark shall be $245. Any adjustment of such fee under the second 
sentence of such section may not be effective before October 1, 1994.''
    Pub. L. 102-204, Sec. 5(f)(2), Dec. 10, 1991, 105 Stat. 1640, 
provided that fees established by Commissioner of Patents and Trademarks 
under 15 U.S.C. 1113(a) 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 31 U.S.C. 31(a) and 5 
U.S.C. 553 did not apply to the establishment of such fees.
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 100-703, title I, Sec. 103(a), Nov. 19, 1988, 102 Stat. 
4674.
    Pub. L. 99-607, Sec. 3(a), Nov. 6, 1986, 100 Stat. 3470.


                    Reorganization Plan No. 5 of 1950

    Amendment by Pub. L. 85-609 as subject to Reorganization Plan No. 5 
of 1950, see note set out under section 1067 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 35 section 42.
