In an application under Trademark Act §1 or §44, class(es) may be added if any of the items originally recited are properly classified in class(es) not originally indicated. The applicant must pay the filing fee for each new class and any applicable additional fees. See TMEP §819.02 and §819.03 for information regarding when the insufficient information fee and free-form text ID fee applies to added classes for electronically filed §1 or §44 applications submitted on or after January 18, 2025.

The amount of the fee varies depending on the method used to file the original application and the amendment adding classes, and the filing fees in effect at the time of the amendment, as follows:

1. If the original application was filed through TEAS Standard or TEAS Plus and the amendment is filed through the trademark electronic filing system (either as a voluntary amendment or a response to an examining attorney’s Office action) or entered by examiner’s amendment, then applicant must pay the filing fee under 37 C.F.R. §2.6(a)(1)(iii) for each added class.
2. If the application was electronically filed and submitted on or after January 18, 2025 and the amendment is filed through the trademark electronic filing system (either as a voluntary amendment or a response to an examining attorney’s Office action) or entered by examiner’s amendment, then applicant must pay the filing fee under 37 C.F.R. §2.6(a)(1)(iii) for each added class and any applicable additional fees. See TMEP §819.02 and §819.03.
3. If the amendment is permitted to be filed on paper, then the fee for adding a class is the same as the fee per class for filing an application on paper (see 37 C.F.R. §2.6(a)(1)(i) ), regardless of how the original application was filed.

The current fee schedule is available on the USPTO website at https://www.uspto.gov.

If dates of use for a class that is added are different from dates previously set forth, the applicant must submit an affidavit or declaration under 37 C.F.R. §2.20 to verify these dates. See 37 C.F.R. §2.71(c). See TMEP §903.04 regarding a permissible amendment of dates of use.

An additional specimen that is not identical to a specimen originally filed must be supported by an affidavit or declaration attesting to its use as of an appropriate date. 37 C.F.R. §2.59(a); TMEP §904.05.

If an intent-to-use application is amended to add class(es), the applicant must submit, for each added class, the application filing fee and fees for the allegation of use (i.e., either the amendment to allege use or the statement of use), and any extension request(s) granted in the interim. This applies even if the classes are added after the amendment to allege use or statement of use is filed, or the extension request(s) is granted. For electronically filed intent-to-use applications submitted on or after January 18, 2025, the applicant must also submit any applicable additional fees. See TMEP §819.02 and §819.03 for information regarding the insufficient information fee and free-form text ID fees.

In a §66(a) application, classes may not be added, and goods/services may not be transferred from one class to another in a multiple-class application. 37 C.F.R. §2.85(d); see TMEP §§1401.03(d), 1402.01(c), 1904.02(b), (c).