TMEP § 819.05(c)
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.