January 18, 2021

Volume XI, Number 18

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January 15, 2021

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New Trademark Fees Implemented by the United States Patent and Trademark Office

On November 17, 2020, the USPTO enacted a rule that will adjust trademark fees and Trademark Trial and Appeal Board fees. This is the first time that trademark fees have been adjusted since 2017. In the final rule, the USPTO says that the increase in fees is intended to further USPTO strategic objectives by better aligning fees with costs, protecting the integrity of the trademark register, improving the efficiency of agency processes, and ensuring financial sustainability to facilitate effective trademark operations. The new fees will take effect on January 2, 2021.

Notably, fees associated with filing applications and maintaining registrations will increase. The filing fees for opposition and cancellation proceedings have also increased. The most significant fee changes are noted below:

Trademark Application and Related Fees

 

Current Fee

New Fee

Trademark Electronic Application System (TEAS) Plus Application

$225 per class

$250 per class

TEAS Standard Application

$275 per class

$350 per class

Petition to the Director filed through TEAS

$100

$250

Petition to revive an abandoned application filed through TEAS

$100

$150

Letter of Protest

No Fee

$50

Post-Registration Fees

 

Current Fee

New Fee

Section 8 or71 Declaration of Continued Use

$125 per class

$225 per class

Deletion of goods/services after submission of Section 8 or71 Declaration but before acceptance of Declaration

No fee

$250 per class

Trademark Trial and Appeal Board Fees

 

Current Fee

New Fee

Initial 90-day extension requests for filing a notice of opposition or a second 60-day extension request for filing a notice of opposition

$100 per application

$200 per application

Final 60-day extension request for filing a notice of opposition

$200 per application

$400 per application

Notice of Opposition

$400 per class

$600 per class

Petition for Cancellation

$400 per class

$600 per class

Filing an ex parte appeal

$200 per class

$225 per class

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© 2020 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume X, Number 338
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About this Author

Caitlin Canahai IP Lawyer Faegre Drinker Law Firm Chicago
Associate

Caitlin Canahai aids clients and litigates disputes across a range of areas within the intellectual property space.

During law school, Caitlin served as a research assistant to leading Notre Dame Law School intellectual property professor, Mark McKenna and served as a legal intern with the school’s Intellectual Property and Entrepreneurship Clinic. In these roles, she assisted with in-depth research projects related to numerous aspects of intellectual property law and gained experience counseling clients on obtaining trademark and patent protection. She was also actively involved...

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