Setting and Adjusting Trademark Fees During Fiscal Year 2025, 3037-3038 [2025-00274]
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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations
120 to nonprovisional application O
filed on February 2, 2021, which is the
only benefit claim in the application. J’s
EBD is February 2, 2021, which is more
than six but not more than nine years,
earlier than J’s actual filing date of July
5, 2029. In this example, the § 1.17(w)(1)
fee of $2,700 is due upon J’s filing. The
applicant pays the fee. Two months
after J’s filing, the applicant files a
second ADS containing the previously
added benefit claim to O and a new
benefit claim under 35 U.S.C. 120 to
nonprovisional application N filed on
March 2, 2020. This newly added
benefit claim causes J’s EBD to become
March 2, 2020, which is more than nine
years earlier than J’s actual filing date of
July 5, 2029, and thus prompts the fee
in § 1.17(w)(2). Because the fee in
§ 1.17(w)(1) was previously paid, the
previous payment is subtracted from the
amount now due under § 1.17(w)(2).
Accordingly, the amount due upon
filing of the second ADS is $1,300 (the
current fee amount of $4,000 set forth in
§ 1.17(w)(2) less the $2,700 previously
paid under § 1.17(w)(1)).
■ 2. On page 91971, in table 20, in the
third entry for ‘‘1.17(m)(2)’’ (fee code
3784), in the ‘‘Final rule fee’’ column,
‘‘$54’’ is corrected to read ‘‘$452’’.
§ 1.17
[Corrected]
3. On page 92004, in the second
column:
■ a. In amendatory instruction 3.f for
§ 1.17, ‘‘table 21 and 22’’ is corrected to
read ‘‘tables 21 and 22’’;
■ b. In amendatory instruction 3.h. for
§ 1.17, ‘‘Redesigning tables 19 through
21’’ is corrected to read ‘‘Redesignating
tables 19 through 21’’.
■ 4. On page 92004, in the third column,
in § 1.17, in paragraph (f), in the first
line in note 1 to table 10 to paragraph
(f), add ‘‘§ ’’ before ‘‘1.36(a)’’.
■ 5. On page 92005, at the top of the
second column, in § 1.17, in paragraph
(h), in note 3 to table 14 to paragraph
(h), add ‘‘§ ’’ before ‘‘1.84’’.
■
§ 1.492
[Corrected]
6. On page 92010, in the second
column, in amendatory instruction 15
for § 1.492, the instruction ‘‘Section
1.492 is amended by revising table 1 in
paragraph (a), tables 2 through 5 in
paragraphs (b)(2) through (4),’’ is
corrected to read ‘‘Section 1.492 is
amended by revising table 1 in
paragraph (a), tables 3 through 5 in
paragraphs (b)(2) through (4),’’.
khammond on DSK9W7S144PROD with RULES
■
§ 42.15
[Corrected]
7. On page 92011, in the third column,
in § 42.15, paragraph (e) is corrected to
read as follows:
*
*
*
*
*
■
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(e) Fee for counsel who are not
registered practitioners, and who are not
seeking automatic recognition pursuant
to § 42.10(c)(2), to appear pro hac vice
before the Patent Trial and Appeal
Board: $269.00.
*
*
*
*
*
■ 8. On page 92011, in the third column,
in § 42.15, in paragraph (f), ‘‘$452’’ is
corrected to read ‘‘$452.00’’.
Derrick L. Brent,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. 2025–00273 Filed 1–13–25; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. PTO–T–2022–0034]
RIN 0651–AD65
Setting and Adjusting Trademark Fees
During Fiscal Year 2025
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule; correction.
AGENCY:
The United States Patent and
Trademark Office (USPTO) is correcting
nonsubstantive errors in the preamble
and regulatory text of a final rule that
appeared in the Federal Register on
November 18, 2024. That final rule set
or adjusted trademark fees as authorized
by the Leahy-Smith America Invents
Act (AIA), as amended by the Study of
Underrepresented Classes Chasing
Engineering and Science Success Act of
2018 (SUCCESS Act). This action is
necessary to address potential confusion
for impacted entities that could result if
these errors are not corrected. These
corrections do not result in any
substantive changes to the final rule.
DATES: The final rule correction is
effective January 18, 2025.
FOR FURTHER INFORMATION CONTACT: C.
Brett Lockard, Director, Forecasting and
Analysis Division, at 571–272–0928 or
Christopher.Lockard@uspto.gov.
SUPPLEMENTARY INFORMATION: On
November 18, 2024, the USPTO
published a final rule setting or
adjusting trademark fees as authorized
by the AIA, as amended by the
SUCCESS Act. See 89 FR 91062.
Subsequent to the publication of that
final rule, it was discovered that the rule
inadvertently omitted applicable crossSUMMARY:
PO 00000
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Fmt 4700
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3037
references in 37 CFR 2.22(a)(6) and (9)
and contained an incorrect crossreference in § 2.22(a)(8), which
referenced a fee that did not apply. This
correction amends these sections to
provide the correct cross-references.
Section 2.22 applies to all
applications under section 1 and/or 44
of the Trademark Act, which includes
not only trademark and service mark
applications, but also applications for
collective, collective membership, and
certification marks. However, the crossreferences in § 2.22(a)(6) and (9) referred
only to §§ 2.34 and 2.33, respectively,
which set out the requirements for
trademark and service mark
applications. Sections 2.22(a)(6) and (9)
each should have included crossreferences to §§ 2.44 and 2.45, which set
forth the corresponding applicable
requirements for collective, collective
membership, and certification marks.
This omission was unintentional and
adding the applicable cross-references is
not a substantive change to the final
rule.
As noted in the preamble of the final
rule, the USPTO is implementing a
single electronic filing option for all
section 1 and/or 44 applications, which
includes collective and certification
marks. Applicants choosing to comply
with the base application requirements
set forth in § 2.22 will pay the lowest
fees under the final fee schedule.
Applicants were always subject to the
requirements for collective, collective
membership, and certification marks at
§§ 2.44 and 2.45, as applicable. The
addition of these sections in § 2.22(a)(6)
and (9) do not impose any new
limitations but provide clarity to
applicants that the requirements for
collective, collective membership, and
certification marks apply. This
correction amends the preamble and
§ 2.22(a)(6) and (9) to add the
inadvertently omitted cross-references.
In addition, § 2.22(a)(8) contained an
incorrect cross-reference to
§ 2.6(a)(1)(ii), which is the fee for filing
an application under section 66(a) of the
Trademark Act and therefore does not
apply to applications filed under section
1 and/or 44. This section should have
cross-referenced only § 2.6(a)(1)(iii),
which provides for the applicable fee.
This correction amends the preamble
and § 2.22(a)(9) to remove the crossreference to § 2.6(a)(1)(ii).
Rulemaking Considerations
Administrative Procedure Act
This final rule corrects inadvertent
errors in a rulemaking setting and
adjusting trademark fees. The changes
in this final rule involve rules of agency
E:\FR\FM\14JAR1.SGM
14JAR1
3038
Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations
practice and procedure and/or
interpretive rules and do not require
notice-and-comment rulemaking. See
Perez v. Mortg. Bankers Ass’n, 135 S.Ct.
1199, 1204 (2015) (explaining that
interpretive rules ‘‘advise the public of
the agency’s construction of the statutes
and rules which it administers’’ and do
not require notice-and-comment
rulemaking when issued or amended);
Cooper Techs. Co. v. Dudas, 536 F.3d
1330, 1336–37 (Fed. Cir. 2008) (stating
that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), do not require notice-and
comment rulemaking for ‘‘interpretative
rules, general statements of policy, or
rules of agency organization, procedure,
or practice’’); and JEM Broadcasting Co.
v. F.C.C., 22 F.3d 320, 328 (D.C. Cir.
1994) (explaining that rules are not
legislative because they do not
‘‘foreclose effective opportunity to make
one’s case on the merits’’).
Moreover, the Director of the USPTO,
pursuant to authority at 5 U.S.C.
553(b)(B) and (d)(1), finds good cause to
adopt the changes in this final rule
without prior notice and an opportunity
for public comment or a 30-day delay in
effectiveness, as such procedures would
be unnecessary, impracticable, and
contrary to the public interest. As
discussed above, the changes in this
rulemaking involve corrections of errors
in the final rule published on November
18, 2024, (which itself underwent notice
and comment rulemaking and a 30-day
delay in effective date) that provide
clarity and without imposing any new
requirements. The corrections will
provide clarity and address potential
confusion that could result if these
errors are not corrected prior to the
effective date of the November 18, 2024,
final rule. Therefore, good cause exists
to dispense with the requirement for
prior notice and an opportunity for
public comment and a 30-day delay in
effectiveness.
• A filing fee for each class of goods
and/or services, as required by
§ 2.6(a)(1)(iii);
• A verified statement that meets the
requirements of §§ 2.33, 2.44, or 2.45, as
applicable, dated and signed by a
person properly authorized to sign on
behalf of the owner pursuant to
§ 2.193(e)(1);
■ 2. On page 91090, in the third column,
in amendatory instruction 3, in § 2.22,
paragraphs (a)(6), (8), and (9) are
corrected to read as follows:
Correction
Annual Civil Monetary Penalties
Inflation Adjustment
In FR Doc. 2024–26644 appearing on
page 91062 in the Federal Register of
Monday, November 18, 2024, at 89 FR
91062, the following corrections are
made:
1. On page 91069, in the second
column, the 6th, 8th, and 9th bullets are
corrected to read as follows:
• One or more bases for filing that
satisfy all the requirements of §§ 2.34,
2.44, or 2.45, as applicable. If more than
one basis is set forth, the applicant must
comply with the requirements of
§§ 2.34, 2.44, or 2.45 for each asserted
basis, as applicable;
*
*
*
*
*
khammond on DSK9W7S144PROD with RULES
■
VerDate Sep<11>2014
15:48 Jan 13, 2025
Jkt 265001
§ 2.22
[Corrected]
(a) * * *
(6) One or more bases for filing that
satisfy all the requirements of §§ 2.34,
2.44, or 2.45, as applicable. If more than
one basis is set forth, the applicant must
comply with the requirements of
§§ 2.34, 2.44, or 2.45 for each asserted
basis, as applicable;
*
*
*
*
*
(8) A filing fee for each class of goods
and/or services, as required by
§ 2.6(a)(1)(iii);
(9) A verified statement that meets the
requirements of § 2.33, § 2.44, or § 2.45,
as applicable, dated and signed by a
person properly authorized to sign on
behalf of the owner pursuant to
§ 2.193(e)(1);
*
*
*
*
*
Derrick L. Brent,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. 2025–00274 Filed 1–13–25; 8:45 am]
BILLING CODE 3510–16–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
RIN 3045–AA93
Corporation for National and
Community Service.
ACTION: Final rule.
AGENCY:
The Corporation for National
and Community Service, which operates
as AmeriCorps, is updating its
regulations to reflect required annual
inflation-related increases to the civil
monetary penalties under the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Act) and
Office of Management and Budget
(OMB) guidance.
DATES: This rule is effective January 14,
2025.
SUMMARY:
PO 00000
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Fmt 4700
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Elizabeth Appel, Office of General
Counsel, at eappel@americorps.gov or
202–967–6065.
SUPPLEMENTARY INFORMATION:
I. Background
AmeriCorps is a Federal agency that
engages millions of Americans in
service. AmeriCorps members and
AmeriCorps Seniors volunteers serve
directly with nonprofit organizations to
tackle some of our nation’s most
pressing challenges. For more
information, visit americorps.gov.
AmeriCorps has two civil monetary
penalties in its regulations. A civil
monetary penalty under the Act is a
penalty, fine, or other sanction that: (1)
is for a specific monetary amount as
provided by Federal law or has a
maximum amount provided for by
Federal law; and (2) is assessed or
enforced by an agency pursuant to
Federal law; and (3) is assessed or
enforced pursuant to an administrative
proceeding or a civil action in the
Federal courts. (See 28 U.S.C. 2461
note.) A civil monetary penalty does not
include a penalty levied for violation of
a criminal statute, or fees for services,
licenses, permits, or other regulatory
review.
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (sec. 701 of Pub. L. 114–74) (the
‘‘Act’’) requires agencies to adjust their
civil monetary penalties for inflation
annually. This rule updates
AmeriCorps’ two civil penalties for
inflation.
II. Method of Calculation
The inflation adjustment for each
applicable civil monetary penalty is
determined using the percent increase
in the Consumer Price Index for all
Urban Consumers (CPI–U) for the month
of October of the year in which the
amount of each civil money penalty was
most recently established or modified.
See December 17, 2024, OMB Memo for
the Heads of Executive Departments and
Agencies, M–25–02, Implementation of
Penalty Inflation Adjustments for 2025,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015. The cost-of-living
adjustment multiplier for 2025, based
on the CPI–U for the month of October
2024, not seasonally adjusted, is
1.02598.
The agency identified two civil
penalties in its regulations: (1) the
penalty associated with Restrictions on
Lobbying (45 CFR 1230.400) and (2) the
penalty associated with the Program
Fraud Civil Remedies Act (45 CFR
2554.1):
E:\FR\FM\14JAR1.SGM
14JAR1
]]>Agencies
[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Rules and Regulations]
[Pages 3037-3038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00274]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2 and 7
[Docket No. PTO-T-2022-0034]
RIN 0651-AD65
Setting and Adjusting Trademark Fees During Fiscal Year 2025
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is
correcting nonsubstantive errors in the preamble and regulatory text of
a final rule that appeared in the Federal Register on November 18,
2024. That final rule set or adjusted trademark fees as authorized by
the Leahy-Smith America Invents Act (AIA), as amended by the Study of
Underrepresented Classes Chasing Engineering and Science Success Act of
2018 (SUCCESS Act). This action is necessary to address potential
confusion for impacted entities that could result if these errors are
not corrected. These corrections do not result in any substantive
changes to the final rule.
DATES: The final rule correction is effective January 18, 2025.
FOR FURTHER INFORMATION CONTACT: C. Brett Lockard, Director,
Forecasting and Analysis Division, at 571-272-0928 or
[email protected].
SUPPLEMENTARY INFORMATION: On November 18, 2024, the USPTO published a
final rule setting or adjusting trademark fees as authorized by the
AIA, as amended by the SUCCESS Act. See 89 FR 91062. Subsequent to the
publication of that final rule, it was discovered that the rule
inadvertently omitted applicable cross-references in 37 CFR 2.22(a)(6)
and (9) and contained an incorrect cross-reference in Sec. 2.22(a)(8),
which referenced a fee that did not apply. This correction amends these
sections to provide the correct cross-references.
Section 2.22 applies to all applications under section 1 and/or 44
of the Trademark Act, which includes not only trademark and service
mark applications, but also applications for collective, collective
membership, and certification marks. However, the cross-references in
Sec. 2.22(a)(6) and (9) referred only to Sec. Sec. 2.34 and 2.33,
respectively, which set out the requirements for trademark and service
mark applications. Sections 2.22(a)(6) and (9) each should have
included cross-references to Sec. Sec. 2.44 and 2.45, which set forth
the corresponding applicable requirements for collective, collective
membership, and certification marks. This omission was unintentional
and adding the applicable cross-references is not a substantive change
to the final rule.
As noted in the preamble of the final rule, the USPTO is
implementing a single electronic filing option for all section 1 and/or
44 applications, which includes collective and certification marks.
Applicants choosing to comply with the base application requirements
set forth in Sec. 2.22 will pay the lowest fees under the final fee
schedule. Applicants were always subject to the requirements for
collective, collective membership, and certification marks at
Sec. Sec. 2.44 and 2.45, as applicable. The addition of these sections
in Sec. 2.22(a)(6) and (9) do not impose any new limitations but
provide clarity to applicants that the requirements for collective,
collective membership, and certification marks apply. This correction
amends the preamble and Sec. 2.22(a)(6) and (9) to add the
inadvertently omitted cross-references.
In addition, Sec. 2.22(a)(8) contained an incorrect cross-
reference to Sec. 2.6(a)(1)(ii), which is the fee for filing an
application under section 66(a) of the Trademark Act and therefore does
not apply to applications filed under section 1 and/or 44. This section
should have cross-referenced only Sec. 2.6(a)(1)(iii), which provides
for the applicable fee. This correction amends the preamble and Sec.
2.22(a)(9) to remove the cross-reference to Sec. 2.6(a)(1)(ii).
Rulemaking Considerations
Administrative Procedure Act
This final rule corrects inadvertent errors in a rulemaking setting
and adjusting trademark fees. The changes in this final rule involve
rules of agency
[[Page 3038]]
practice and procedure and/or interpretive rules and do not require
notice-and-comment rulemaking. See Perez v. Mortg. Bankers Ass'n, 135
S.Ct. 1199, 1204 (2015) (explaining that interpretive rules ``advise
the public of the agency's construction of the statutes and rules which
it administers'' and do not require notice-and-comment rulemaking when
issued or amended); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), do not require notice-and comment rulemaking for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice''); and JEM Broadcasting
Co. v. F.C.C., 22 F.3d 320, 328 (D.C. Cir. 1994) (explaining that rules
are not legislative because they do not ``foreclose effective
opportunity to make one's case on the merits'').
Moreover, the Director of the USPTO, pursuant to authority at 5
U.S.C. 553(b)(B) and (d)(1), finds good cause to adopt the changes in
this final rule without prior notice and an opportunity for public
comment or a 30-day delay in effectiveness, as such procedures would be
unnecessary, impracticable, and contrary to the public interest. As
discussed above, the changes in this rulemaking involve corrections of
errors in the final rule published on November 18, 2024, (which itself
underwent notice and comment rulemaking and a 30-day delay in effective
date) that provide clarity and without imposing any new requirements.
The corrections will provide clarity and address potential confusion
that could result if these errors are not corrected prior to the
effective date of the November 18, 2024, final rule. Therefore, good
cause exists to dispense with the requirement for prior notice and an
opportunity for public comment and a 30-day delay in effectiveness.
Correction
In FR Doc. 2024-26644 appearing on page 91062 in the Federal
Register of Monday, November 18, 2024, at 89 FR 91062, the following
corrections are made:
0
1. On page 91069, in the second column, the 6th, 8th, and 9th bullets
are corrected to read as follows:
One or more bases for filing that satisfy all the
requirements of Sec. Sec. 2.34, 2.44, or 2.45, as applicable. If more
than one basis is set forth, the applicant must comply with the
requirements of Sec. Sec. 2.34, 2.44, or 2.45 for each asserted basis,
as applicable;
* * * * *
A filing fee for each class of goods and/or services, as
required by Sec. 2.6(a)(1)(iii);
A verified statement that meets the requirements of
Sec. Sec. 2.33, 2.44, or 2.45, as applicable, dated and signed by a
person properly authorized to sign on behalf of the owner pursuant to
Sec. 2.193(e)(1);
0
2. On page 91090, in the third column, in amendatory instruction 3, in
Sec. 2.22, paragraphs (a)(6), (8), and (9) are corrected to read as
follows:
Sec. 2.22 [Corrected]
(a) * * *
(6) One or more bases for filing that satisfy all the requirements
of Sec. Sec. 2.34, 2.44, or 2.45, as applicable. If more than one
basis is set forth, the applicant must comply with the requirements of
Sec. Sec. 2.34, 2.44, or 2.45 for each asserted basis, as applicable;
* * * * *
(8) A filing fee for each class of goods and/or services, as
required by Sec. 2.6(a)(1)(iii);
(9) A verified statement that meets the requirements of Sec. 2.33,
Sec. 2.44, or Sec. 2.45, as applicable, dated and signed by a person
properly authorized to sign on behalf of the owner pursuant to Sec.
2.193(e)(1);
* * * * *
Derrick L. Brent,
Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.
[FR Doc. 2025-00274 Filed 1-13-25; 8:45 am]
BILLING CODE 3510-16-P
