Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3037 

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),’’. 

§ 42.15 [Corrected] 

■ 7. On page 92011, in the third column, 

in § 42.15, paragraph (e) is corrected to 

read as follows: 

* * * * * 

(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 

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 

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 crossreferences 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 


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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. 

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: 

■ 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; 

* * * * * 

• 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: 

§ 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 

Annual Civil Monetary Penalties 

Inflation Adjustment 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: 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. 

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): 


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