For the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and Appeal Board (TTAB). Some fee increases are minimal (e.g., only about 10% increase to file an ex parte appeal). However, other fee increases are substantial, at least one fee increasing by 250%. In addition, the USPTO has added a variety of new fees for various actions.

Notable increases or new fees include:

• The TEAS Standard Filing Option (used to file an initial application for a trademark) will increase from $275 to $350.
• The filing a section 8 or 71 declaration (post registration) will increase from $125 per class to $225 per class.
• A new fee for deleting goods, services, and/or classes from a registration will be added and cost $250 per class.
• Petitions to the Director will increase from $100 to $250.
• A new fee for letters of protest to the Director will be added and cost $50.
• Petitions to the TTAB to cancel a mark as well as Notices of Opposition will increase from $400 per class to $600 per class.
• A new fee to file appeal briefs in an ex parte appeal will be added and now cost $200 per class.
• A new fee to request an oral hearing with the TTAB will be added and now cost $500 per proceeding.

These fee changes and others become effective January 2, 2021. Thus, to save some on your legal fees it is best to address your trademark issues sooner than later. Remember, Hindsight is 2020.

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