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15 U.S.C. § 1113 — Fees
Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Stable record: federal_law:legal_authorities:record_usc_77d10fcb5d4601ff60fb5e9c
Source file: Laws/federal/codes/united-states-code/title-15/section-1113-fees--43acfa7d4e.md
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Source location: Title 15, Chapter 22, § 1113; chapter-022-trademarks.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** All fees for services performed by or materials furnished by the Patent and Trademark Office will be payable to the Director.
**(b)** All fees paid to the Director and all appropriations for defraying the costs of the activities of the Patent and Trademark Office will be credited to the Patent and Trademark Office Appropriation Account in the Treasury of the United States.
**(c)**
(1) To the extent and in the amounts provided in advance in appropriations Acts, fees authorized in this title or any other Act to be charged or established by the Director shall be collected by and shall, subject to paragraph (3), be available to the Director to carry out the activities of the Patent and Trademark Office.
(2) There is established in the Treasury a Patent and Trademark Fee Reserve Fund. If fee collections by the Patent and Trademark Office for a fiscal year exceed the amount appropriated to the Office for that fiscal year, fees collected in excess of the appropriated amount shall be deposited in the Patent and Trademark Fee Reserve Fund. To the extent and in the amounts provided in appropriations Acts, amounts in the Fund shall be made available until expended only for obligation and expenditure by the Office in accordance with paragraph (3).
(3)
(A) Any fees that are collected under this title, and any surcharges on such fees, may only be used for expenses of the Office relating to the processing of patent applications and for other activities, services, and materials relating to patents and to cover a proportionate share of the administrative costs of the Office.
(B) Any fees that are collected under section 31 of the Trademark Act of 1946, and any surcharges on such fees, may only be used for expenses of the Office relating to the processing of trademark
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 42
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office.
**(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business.
**(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Application for use of trademark**
(1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director.
(2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark.
(3) The statement shall be verified by the applicant and specify that—
(A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered;
(B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate;
(C) the mark is in use in commerce; and
(D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall—
(i) state exceptions to the claim of exclusive use; and
(ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge—
(I) any concurrent use by othe
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1051
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration.
**(b)** The Trademark Trial and Appeal Board shall include the Director, Deputy 11 So in original. Probably should be preceded by “the”. Director of the United States Patent and Trademark Office 22 So in original. Probably should be followed by a comma. the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Secretary of Commerce, in consultation with the Director.
**(c) Authority of the Secretary.—** The Secretary of Commerce may, in his or her discretion, deem the appointment of an administrative trademark judge who, before August 12, 2008, held office pursuant to an appointment by the Director to take effect on the date on which the Director initially appointed the administrative trademark judge.
**(d) Defense to Challenge of Appointment.—** It shall be a defense to a challenge to the appointment of an administrative trademark judge on the basis of the judge’s having been originally appointed by the Director that the administrative trademark judge so appointed was acting as a de facto officer.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1067
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 1111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Fees.—** The Director shall charge the following fees:
(1) **Filing and basic national fees.—**
(A) On filing each application for an original patent, except for design, plant, or provisional applications, $330.
(B) On filing each application for an original design patent, $220.
(C) On filing each application for an original plant patent, $220.
(D) On filing each provisional application for an original patent, $220.
(E) On filing each application for the reissue of a patent, $330.
(F) The basic national fee for each international application filed under the treaty defined in section 351(a) entering the national stage under section 371, $330.
(G) In addition, excluding any sequence listing or computer program listing filed in an electronic medium as prescribed by the Director, for any application the specification and drawings of which exceed 100 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium), $270 for each additional 50 sheets of paper (or equivalent as prescribed by the Director if filed in an electronic medium) or fraction thereof.
(2) **Excess claims fees.—**
(A) *In general.—* — In addition to the fee specified in paragraph (1)—
(i) on filing or on presentation at any other time, $220 for each claim in independent form in excess of 3;
(ii) on filing or on presentation at any other time, $52 for each claim (whether dependent or independent) in excess of 20; and
(iii) for each application containing a multiple dependent claim, $390.
(B) *Multiple dependent claims.—* — For the purpose of computing fees under subparagraph (A), a multiple dependent claim referred to in section 112 or any claim depending therefrom shall be considered as separate dependent claims in ac
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Coordination and oversight over science and technology agreements between United States and foreign countries, etc.**
(1) In order to implement the policies set forth in [section 2656b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656b&num=0&edition=prelim), the Secretary of State (hereafter in this section referred to as the “Secretary”) shall have primary responsibility for coordination and oversight with respect to all major science or science and technology agreements and activities between the United States and foreign countries, international organizations, or commissions of which the United States and one or more foreign countries are members.
(2) In coordinating and overseeing such agreements and activities, the Secretary shall consider (A) scientific merit; (B) equity of access as described in [section 2656c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656c/b&num=0&edition=prelim); (C) possible commercial or trade linkages with the United States which may flow from the agreement or activity; (D) national security concerns; and (E) any other factors deemed appropriate.
(3) Prior to entering into negotiations on such an agreement or activity, the Secretary shall provide Federal agencies which have primary responsibility for, or substantial interest in, the subject matter of the agreement or activity, including those agencies responsible for—
(A) Federal technology management policies set forth by Public Law 96–517 and the Stevenson-Wydler Technology Innovation Act of 1980 [[15 U.S.C. 3701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3701&num=0&edition=prelim) et seq.];
(B) national security policies;
(C) United States t
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2656d
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each nonprofit organization or small business firm may, within a reasonable time after disclosure as required by paragraph (c)(1) of this section, elect to retain title to any subject invention: Provided, however, That a funding agreement may provide otherwise (i) when the contractor is not located in the United States or does not have a place of business located in the United States or is subject to the control of a foreign government, (ii) in exceptional circumstances when it is determined by the agency that restriction or elimination of the right to retain title to any subject invention will better promote the policy and objectives of this chapter (iii) when it is determined by a Government authority which is authorized by statute or Executive order to conduct foreign intelligence or counter-intelligence activities that the restriction or elimination of the right to retain title to any subject invention is necessary to protect the security of such activities or, (iv) when the funding agreement includes the operation of a Government-owned, contractor-operated facility of the Department of Energy primarily dedicated to that Department’s naval nuclear propulsion or weapons related programs and all funding agreement limitations under this subparagraph on the contractor’s right to elect title to a subject invention are limited to inventions occurring under the above two programs of the Department of Energy. The rights of the nonprofit organization or small business firm shall be subject to the provisions of paragraph (c) of this section and the other provisions of this chapter.
**(b)**
(1) The rights of the Government under subsection (a) shall not be exercised by a Federal agency unless it first determines that at least one of the conditions identified in claus
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 202
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This chapter shall take precedence over any other Act which would require a disposition of rights in subject inventions of small business firms or nonprofit organizations contractors in a manner that is inconsistent with this chapter, including but not necessarily limited to the following:
(1) section 10(a) of the Act of June 29, 1935, as added by title I of the Act of August 14, 1946 ([7 U.S.C. 427i(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section427i/a&num=0&edition=prelim); 60 Stat. 1085); 11 See References in Text note below.
(2) section 205(a) of the Act of August 14, 1946 ([7 U.S.C. 1624(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1624/a&num=0&edition=prelim); 60 Stat. 1090);
(3) section 501(c) of the Federal Mine Safety and Health Act of 1977 ([30 U.S.C. 951(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section951/c&num=0&edition=prelim); 83 Stat. 742);
(4) section 30168(e) 1 of title 49;
(5) section 12 of the National Science Foundation Act of 1950 ([42 U.S.C. 1871(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1871/a&num=0&edition=prelim); 1 82 Stat. 360);
(6) section 152 of the Atomic Energy Act of 1954 ([42 U.S.C. 2182](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2182&num=0&edition=prelim); 68 Stat. 943);
(7) [section 20135 of title 51](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title51-section20135&num=0&edition=prelim);
(8) section 6 of the Coal Research and Development Act of 1960 ([30 U.S.C. 666](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section666&num=0&edition=prelim); 74 Stat. 337);
(9) section 4 of the Helium Act Amendments of 1960 ([5
Source: Supplied U.S. Code snapshot — release unconfirmed · 35 U.S.C. § 210
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