U.S. Trademark Fees to Increase Effective January 2, 2021

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The United States Patent and Trademark Office ("USPTO") has announced increases and adjustments of certain trademark and Trademark Trial and Appeal Board ("TTAB") official fees, effective January 2, 2021. These changes follow a multi-year review process and are the first fee increases in nearly three years. The USPTO’s final rule implementing these changes is available here.

The changes include adjustments to certain trademark application fees, post-registration maintenance fees, TTAB fees, petition and letter of protest fees. The main changes are summarized below:

APPLICATION FEES

New Fee
(as of Jan. 2, 2021)

Current Fee

TEAS Standard Application

$350 per class

$275 per class

TEAS Plus Application

$250 per class

$225 per class

Processing fee for failing to meet TEAS Plus requirements

$100 per class

$125 per class

POST-REGISTRATION FEES

New Fee
(as of Jan. 2, 2021)

Current Fee

Section 8 or 71 declaration filed through TEAS

$225 per class

$125 per class

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, if filed through TEAS

(There will be no fee if you electronically file a section 7 request to amend your registration before submitting a section 8 or 71 declaration and only delete goods, services, and/or classes in the request)

$250 per class

None

PETITION TO THE DIRECTOR AND LETTER OF PROTEST FEES

New Fee
(as of Jan. 2, 2021)

Current Fee

Petition to the Director filed through TEAS

$250

$100

Petition to revive an abandoned application filed through TEAS

$150

$100

New fee for letter of protest

$50 per application

None

TTAB FEES

New Fee
(as of Jan. 2, 2021)

Current Fee

Petition to cancel filed through ESTTA

$600 per class

$400 per class

Notice of opposition filed through ESTTA

$600 per class

$400 per class

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

(There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA)

$200 per application

$100 per application

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

$400 per application

$200 per application

Ex parte appeal filed through ESTTA

$225 per class

$200 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)

$100 per application

None

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

$200 per class

None

New fee for requests for oral hearings

$500 per proceeding

None

The USPTO is implementing partial refunds for petitions to cancel in default judgments if the cancellation involves only a nonuse or abandonment claim, the defendant didn’t appear, and there were no filings other than the petition to cancel.

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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