Editorial Notes
Prior Provisions
Acts Feb. 20, 1905, ch. 592, §§ 14, 15, 33 Stat. 728; Mar. 19, 1920, ch. 104, § 8, 41 Stat. 535; Apr. 11, 1930, ch. 132, § 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.
Statutory Notes and Related Subsidiaries
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.
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.
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, § 1000(a)(9) [title IV, § 4203], Nov. 29, 1999, 113 Stat. 1536, 1501A–554, as amended by Pub. L. 107–273, div. C, title III, § 13208, Nov. 2, 2002, 116 Stat. 1908, provided that:
“Notwithstanding the second sentence of section 31(a) of the
Trademark Act of 1946 (
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, § 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, § 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, § 103(a), Nov. 19, 1988, 102 Stat. 4674.
Pub. L. 99–607, § 3(a), Nov. 6, 1986, 100 Stat. 3470.
Executive Documents
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, §§ 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.
