[E-trademarks] Office Action Asserts Not Enough Class Fees Paid

[Orvis]

We filed a multi-class application. We just received a non-final office action where the Examiner deferred a review of the merits of the application. The Examiner says we filed in multiple classes but also says the goods and services fall in at least two more classes than we identified and paid for. To be clear, we properly paid for all the classes we listed.

The Examiner gives us two options. Either we can pay more fees for additional classes ( and select how many) or we can delete classes not covered by the fees already submitted.

This application is based on a foreign registration, so for 44(e) purposes, we replicated the classes.

I don't understand the requirement to pay for more classes when the USPTO has not demonstrated how a single good or service is properly in an additional class. I would like to respond: the PTO has not established any facts or reasoning requiring additional fees for additional classes, and thus, applicant requests withdrawal of the office action.

Does anyone have comments on how to deal with these unsubstantiated requirements?



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