The United States Patent and Trademark Office (“USPTO”) recently announced an increase in Official Fees for various trademark activity, the first increase in nearly three years. The increase, which pertains only to filing through TEAS (paperless) becomes effective January 2, 2021. Accordingly, trademark holders may consider looking at taking certain action before January 2, 2021, to avoid the increased fees. For example, if you have a Declaration of Use due in 2021 for an existing trademark registration, filing before the end of the year can save government fees of $100 per class.
USPTO Fee Increases
Specific fee increases for some of the most relevant or common actions are set forth below. A comprehensive list of all fee changes can been viewed at this link to the USPTO site Final Rule or contact Brooks Kushman for more information.
Application and application-related fees:
- TEAS Standard: $350 per class—up from $275 per class (+$75)
- TEAS Plus: $250 per class—up from $225 per class (+$25)
Post registration fees:
- Section 8 or 71 declaration filed through TEAS: $225 per class—up from $125 per class (+$100)
- New fee for deleting goods, services, and/or classes from a registration after submitting a section 8 or 71 declaration, but before the declaration is accepted: $250 per class
Petition to the Director and Letter of Protest fees:
- Petition to the Director: $250—up from $100 (+$150)
- Petition to revive an abandoned application: $150—up from $100 (+$50)
- New fee for Letter of Protest: $50 per application
- Petition to Cancel: $600 per class – up from $400 per class (+$200)
- Notice of Opposition: $600 per class—up from $400 per class (+$200)
- Initial 90-day or second 60-day extension requests to file a Notice of Opposition: $200 —up from $100 (+$100)
- Final 60-day extension request to file Notice of Opposition: $400 -up from $200 (+$200)
- Ex parte appeal: $225 per class—up from $200 per class (+$25)
- New fee for second, and subsequent, requests for an extension of time to file an appeal brief in an ex parte appeal$100 per application
- New fee for appeal briefs in an ex parte appeal: $200 per class
- New fee for requests for oral hearings: $500 per proceeding
Please contact your trademark representative at Brooks Kushman for any questions you may have regarding the new USPTO Trademark Fee Schedule and its potential impact on your 2021 trademark budget.