Refunds, Petitions & Surcharges
Most trademark government fees are non-refundable, but a handful of surcharges and petitions can add to your bill or, in limited cases, get money back. This page maps the boundaries.
Application and filing fees are non-refundable
The filing fee pays for the examination itself, not for a guaranteed registration. If the examining attorney refuses the mark, or you abandon the application on your own, the USPTO keeps the money. Budget the filing fee as a cost of seeking registration, not a deposit.
When a refund is possible
Refunds are narrow and fact-specific. They generally arise from overpayment, duplicate payment, or a fee paid for a service that was never provided. You request the return through the appropriate USPTO petition, and the Office reviews whether the money was actually owed.
Surcharges that stack on the base fee
| Surcharge | Amount | What triggers it |
|---|---|---|
| Insufficient information | $100 per class | The application lacks enough detail to identify the goods or services. |
| Custom free-form description | $200 per class | You write your own wording instead of using an ID Manual entry. |
| Excess length | $200 per class per 1,000 characters | A free-form description exceeds 1,000 characters per class. |
| Grace-period renewal surcharge | $100 per class | A renewal filed during the six-month window after expiration. |
| Deficiency surcharge | $100 | Correcting a deficiency after the relevant deadline has passed. |
| Returned check processing | $50 | A check submitted for payment is returned unpaid. |
Petitions and proceedings that cost extra
Beyond filing and maintenance, several adversarial or corrective steps carry their own fees. A few of the most common:
- Petition to revive an abandoned application: $250 electronically ($350 on paper), available when the delay was unintentional.
- Notice of Opposition at the TTAB: $600 per class electronically.
- Petition to cancel an existing registration: $600 per class.
- Letter of protest (third-party alert to the examiner): $150.
- Dividing a multi-class application: a $100 processing fee per new application created, plus a $350 filing fee for the new application.
A petition to revive costs money and requires showing the delay was unintentional. Calendar your response and maintenance deadlines so you never need it.
Frequently asked questions
Can I get my trademark filing fee back if the mark is refused?
No. Filing fees are non-refundable even when the application is refused or abandoned. The fee covers the cost of examination, not a promise of registration.
What triggers a trademark surcharge?
The most common triggers are a custom free-form description instead of an ID Manual entry ($200 per class), insufficient information about the goods or services ($100 per class), and over-long descriptions ($200 per 1,000 characters). Renewals filed late add a $100-per-class grace-period surcharge.
How do I revive an abandoned application?
File a petition to revive within the allowed window, showing the delay was unintentional. The electronic fee is $250 ($350 on paper). It is avoidable with basic deadline management.
More in Fees & Deadlines
Maintenance & Renewal Calendar
Section 8/15 and renewal deadline tracker.
Total Cost Estimator
Full lifecycle cost including maintenance filings, not just the filing fee.
Multi-Class Filings & Madrid Protocol
Every class adds a full base fee, and the Madrid Protocol lets you reach many countries from one US application through WIPO.
Application Timeline
Typical stage-by-stage duration from filing to registration.