If your business is considering filing U.S. Trademark Applications, you may want to do so before January 2nd.

The USPTO is set to increase fees for trademark registration, application, and opposition filing. These changes will take place January 2, 2021.

New Trademark Fees

Note that all fees are always for trademark applications are made per mark, per class—rather than simply a flat fee encompassing an action applying to all marks. The fee increases include:

Type of Filing Old Fee Increased Fee
Paper trademark application $600 $750
TEAS standard electronic trademark application $275 $350
TEAS Plus electronic trademark application $225 $250
Declarations of Continuing Use $125 $225
TTAB Petition for Cancellation $400 $600
TTAB Notice of Opposition $400 $600
Petition to the Director under §§ 2.146 and 2.147 (on paper)   N/A $350
Petition to the Director under §§ 2.146 and 2.147 (online)   N/A $250
Petition to Revive under § 2.66 (on paper) N/A $250
Petition to Revive under § 2.66 (online) N/A $150
Requests for reconsideration, filed >3 months after the final action (on paper) N/A $500
Requests for reconsideration, filed >3 months after the final action (online) N/A $400
Letter of protest N/A $50

In addition, the cost filing a Notice of Appeal of an examiner registration refusal has increased to $225 for every class, but the TEAS Plus penalty for not meeting TEAS Plus requirements is actually being reduced to $100 per class, from $125 per class

New Fees Under the Rule

The USPTO will be introducing fees for Deleting goods, services, and/or classes after filing an affidavit under section 8 or 71, filing a second or subsequent request for an extension of time to file an appeal brief, filing a letter of Protest, and for Requesting an oral hearing before the Trademark Trial and Appeal Board (TTAB).

Other Changes in the Rule

•Applicants are required to file electronically, with few exceptions, after February 15, 2020.

•Applicants may chose to file TEAS Standard which has fewer filing requirements than the lower cost TEAS Plus option.

•Applicants filing an application under 66(a) through the Madrid Protocol will pay the equivalent of $500 in Swiss francs.

•Increased filing fees better align fees with costs while still keeping the initial filing fees below cost recovery to encourage filing.

Do you need assistance with a trademark matter? Contact an Attorney