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:
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APPLICATION FEES
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New Fee
(as of Jan. 2, 2021)
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Current Fee
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TEAS Standard Application
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$350 per class
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$275 per class
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TEAS Plus Application
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$250 per class
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$225 per class
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Processing fee for failing to meet TEAS Plus requirements
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$100 per class
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$125 per class
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POST-REGISTRATION FEES
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New Fee
(as of Jan. 2, 2021)
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Current Fee
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Section 8 or 71 declaration filed through TEAS
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$225 per class
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$125 per class
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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)
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$250 per class
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None
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PETITION TO THE DIRECTOR AND LETTER OF PROTEST FEES
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New Fee
(as of Jan. 2, 2021)
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Current Fee
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Petition to the Director filed through TEAS
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$250
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$100
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Petition to revive an abandoned application filed through TEAS
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$150
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$100
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New fee for letter of protest
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$50 per application
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None
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TTAB FEES
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New Fee
(as of Jan. 2, 2021)
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Current Fee
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Petition to cancel filed through ESTTA
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$600 per class
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$400 per class
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Notice of opposition filed through ESTTA
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$600 per class
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$400 per class
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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)
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$200 per application
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$100 per application
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Final 60-day extension request for filing a notice of opposition, filed through ESTTA
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$400 per application
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$200 per application
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Ex parte appeal filed through ESTTA
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$225 per class
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$200 per class
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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)
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$100 per application
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None
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New fee for appeal briefs in an ex parte appeal filed through ESTTA
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$200 per class
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None
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New fee for requests for oral hearings
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$500 per proceeding
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None
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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.
