(162) Late-Filed Renewal Fees Sections 9 and 31 of the Lanham Act (15 U.S.C. 1095 and 1113) require that an additional five dollar ($5.00) fee be submitted by a registrant who files a renewal application during the three-month period following expiration of its registration. The language of the statute requires that this additional fee be submitted within the three-month grace period. A number of registrants who have failed to submit the additional fee within the prescribed period have petitioned the Commissioner to allow their renewal applications. The Commissioner has granted petitions of this kind where the registrant or its attorney maintained a Patent and Trademark Office deposit account which contained, on the date the renewal application was filed, sufficient funds to cover the additional fee. Specifically, the Commissioner has exercised discretion under Trademark Rules 2.146(a)(3) and 2.147 to deem the authorizations to charge the deposit accounts to have taken place at the time the registrants filed their renewal applications, even though the authorizations were not confirmed until a later date. This Office policy was established by the Commissioner's decision in In re Ralston Purina Co., 191 USPQ154 (Comr. Pats. 1976). The policy established by the Ralston Purina decision is being changed. Henceforth, the Commissioner will no longer exercise discretion to charge deposit accounts nunc pro tunc for trademark renewal application fees. To allow an authorization to charge a deposit account to relate back to a date on which no actual authorization existed is, in effect, to allow late payment. It is inequitable to permit those registrants who have deposit accounts (or those whose attorneys have such accounts) to make late payment of renewal fees, while those without deposit accounts may not. Petitions relying on Ralston Purina will, after the date of this notice, be denied, unless the events that gave rise to those petitions occurred before publication of this notice. Feb. 20, 1981 MARGARET M. LAURENCE Assistant Commissioner for Trademarks [1004 TMOG 29]