Introduction

The United States Patent and Trademark Office (USPTO) recently enacted a rule that increases numerous fees for filing trademark applications, maintaining trademark registrations and filing oppositions and cancellations before the Trademark Trial and Appeal Board. The new rule will take effect on 2 January 2021.

The USPTO has enacted this new rule to:

  • offset the cost of its trademark-related operations;
  • provide necessary resources; and
  • accomplish its trademark-related strategic goals.

Both the increases in certain existing fees, as well as the new fees for actions that were previously without cost, range from modest to substantial and will have a significant impact on brand owners seeking to register, maintain and enforce their trademarks. In view of these fee adjustments, brand owners considering filing new trademark applications, and those with upcoming deadlines, should proceed with filings now to avoid incurring the increased government fees that will take effect on 2 January 2021.

Notable fee adjustments

The most notable fee adjustments are listed below.

Application and application-related fees

 

Current fee

New fee

Trademark Electronic Application System (TEAS) Standard

$275 per class

$350 per class

TEAS Plus

$225 per class

$250 per class

Lower processing fee for failing to meet TEAS Plus requirements

$125 per class

$100 per class

Post-registration fees

 

Current fee

New fee

Section 8 or 71 declaration filed through TEAS

$125 per class

$225 per class

New fee for deleting goods, services or classes from a registration after submitting a Section 8 or 71 declaration but before the declaration is accepted

No fee

$250 per class

Petition to director and letter of protest fees

 

Current fee

New fee

Petition to the director filed through TEAS

$100

$250

Petition to revive an abandoned application filed through TEAS

$100

$150

New fee for letters of protest

No fee

$50 per application

Trademark Trial and Appeal Board fees

 

Current fee

New fee

Petition to cancel filed through the Electronic System for Trademark Trial and Appeals (ESTTA)

$400 per class

$600 per class

Notice of opposition filed through ESTTA

$400 per class

$600 per class

Initial 90-day extension requests for filing a notice of opposition, and second 60-day extension requests for filing a notice of opposition, filed through ESTTA

$100 per application

$200 per application

First 30-day extension request for filing a notice of opposition, filed through ESTTA

No fee

No fee

Final 60-day extension request for filing a notice of opposition, filed through ESTTA

$200 per application

$400 per application

Ex parte appeal filed through ESTTA

$200 per class

$225 per class

New fee for second and subsequent requests for an extension of time to file an appeal brief in an ex parte appeal filed through ESTTA (there is still no fee for a first request)

No fee

$100 per application

New fee for appeal briefs in an ex parte appeal filed through ESTTA

No fee

$200 per class

New fee for requests for oral hearings

No fee

$500 per proceeding