New USPTO Government Fees for 2021

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The USPTO has published the final rule in the Federal Register establishing fee increases for electronic filings related to Trademark applications and proceedings. The changes, which go into effect on January 2, 2021, are summarized in the table below. The full text on the Federal Register can be found here.

Table: New Fees for USPTO

*There will be no fee for electronically filing a section 7 request to amend a registration before submitting a section 8 or 71 declaration and only deleting goods, services, and/or classes in the request (otherwise, the current fee for filing a section 7 request through TEAS is $100).

OTHER UPDATES:

Letter of Protest Procedures

The USPTO has codified the procedures for filing a letter of protest, which will also go into effect on Jan. 2, 2021. This change includes updates to TMEP §§ 1715-1715.06. The new rules are designed to ensure that letters of protest are relevant, well-supported, and timely. Several key requirements state that the letter of protest must:

  • Provide an itemized evidence index.
  • Submit no more than 10 items of evidence or 75 total pages, absent special circumstances.
  • Pay a $50 fee per letter of protest.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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