The trademark electronic filing system will require all filing fees and any applicable additional fees known at the time of filing. All filing fees and additional fees that are required at filing must be paid in order to submit the application.

Example: If an applicant files an application for two classes and only uses entries from the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual) within the electronic form, but elects not to provide its entity type, the system will require an insufficient information fee for each class in the application. The applicant must pay the filing fees for two classes and the insufficient information fee for two classes.

If the examining attorney determines that the initial application has not met the base application filing requirements and the trademark electronic filing system did not require the relevant insufficient information or free-form text ID fees, then the examining attorney must issue an Office action requiring the applicant to pay the additional fee(s).

If the insufficient information fee or free-form text ID fee is paid at filing for each class, the examining attorney will not require the same fee for those classes even if additional deficiencies are found during examination.

Example: The application is for three classes. The applicant only uses entries from the ID Manual within the electronic form but does not submit a verified statement. The applicant pays the insufficient information fee for each class in the application at filing (i.e., for three classes). Even if the examining attorney later determines that the application does not meet a different base application requirement under 37 C.F.R. §2.22(a)(1)-(19) (see TMEP §§819.02-819.02(n)), the examining attorney must not require the insufficient information fee for these same three classes. However, if the applicant later amends the application to add one or more classes, the applicant must pay the filing fee and insufficient information fee for each added class.

Example: The application is for two classes. The applicant elects to use free-form text ID entries and entries from the ID Manual within the electronic form, but otherwise meets the base application requirements. The applicant pays the free-form text ID fee for each class in the application at the time of filing (i.e., for two classes). Even if the examining attorney later discovers misuse of the fill-in-the-blank field for any of the ID Manual entries in the application, the examining attorney must not require the free-form text ID fee for these same two classes. However, if the applicant later amends the application to add one or more classes, the applicant must pay the filing fee and free-form text ID fee for each added class.

Different fees may apply to the same application, and all three additional fees may be required in the same application.

Example: The application is for Classes 9 and 25. Free-form text ID entries are only used in Class 9 and not Class 25, and the applicant enters information in all required fields. The total character count for Class 9 is 1,050 characters. The total character count for Class 25 is also 1,050 characters, but because it only consists of ID Manual entries, the excess character ID fee does not apply to this class. The applicant would be required to pay the filing fees for two classes, the free-form text ID fee for two classes, and the excess character ID fee for Class 9 only. If, during examination, the examining attorney discovers the applicant entered "XXX" for its entity type, the examining attorney would require the insufficient information fee for two classes.

Note: The free-form text ID fee applies to Classes 9 and 25 because once a free-form text ID entry is entered, the free-form text ID fee is required for every class in the application. See TMEP §819.03.

However, use of the free-form text box or misuse of the fill-in-the-blank field incurs the free-form text ID fee, and does not incur the insufficient information fee, even if the identification includes more than one class. Examining attorneys must not require the insufficient information fee based on identification-related deficiencies resulting from use of the free-form text box or misuse of the fill-in-the-blank field of an identification from the ID Manual.

Example: A free-form text ID entry is entered for "baseball batting helmets, baseballs, and baseball t-shirts" in Class 9, but otherwise meets the base application requirements. The applicant submits the filing fee for one class and the free-form text ID fee for one class. The examining attorney must not require the insufficient information fee even though the identification includes goods in more than one class (e.g., baseball batting helmets in Class 9, baseball t-shirts in Class 25, and baseballs in Class 28). However, if the applicant later amends the application to add one or more classes, the applicant must pay the filing fee and free-form text ID fee for each added class.

If, however, the examining attorney determines the application does not meet a base application requirement under 37 C.F.R. §2.22(a)(1)-(19) (see TMEP §§819.02-819.02(n)), unrelated to the identification, then the examining attorney will require the insufficient information fee if such fee was not already paid at filing.

Example: A free-form text ID entry is entered for "baseball batting helmets, baseballs, and baseball t-shirts" in Class 9, and the applicant enters information in all required fields. The applicant submits the filing fee for one class and the free-form text ID fee for one class. During examination, the examining attorney discovers the applicant entered "XXX" for its entity type. The examining attorney must require the insufficient information fee for one class. If the applicant later amends the application to add one or more classes, the applicant must pay the filing fee, free-form text ID fee, and insufficient information fee for each added class.

Examiner’s Amendment. If all remaining issues can be handled through a telephone or email conversation with the applicant or the applicant’s qualified U.S. attorney, and a deposit account is used to pay the fee or an authorization to charge the fee to a credit card is permitted to be submitted by fax, the fee may be collected by examiner’s amendment. However, a fee cannot be charged to a deposit account by examiner’s amendment unless the record contains a written authorization, signed by someone who is authorized to charge fees to the account. If there is no written authorization in the record, the applicant may submit the authorization by email. See TMEP §405.03 regarding deposit accounts.

Combined Examiner’s Amendment and Priority Action. If all of the issues except payment of the insufficient information fee or free-form text ID fee are resolved by a telephone or email conversation with the applicant or the applicant’s U.S. attorney, the examining attorney may issue a combined examiner’s amendment and priority action (TMEP §708.05) to enter the amendment(s) and require payment of the additional fee.