The United States Patent and Trademark Office (USPTO) formally announced it will raise the majority of its trademark filings fees and implement some new fees as of January 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation and opposition proceedings before the Trademark Trial and Appeal Board. It would be wise step for trademark owners to take a look and review their upcoming deadlines and potentially take action on them before the end of the year.
USPTO- Fee hike in Trademark Filings
A brief summary of the new or raised fees that trademark owners can expect to have to pay in the New Year:
- New Standard Trademark Application - $350 Per Class – up
- New Plus Trademark Application - $250 Per Class – up from $225
- Petition to Director - $250 – up from $100
- Petition to Revive - $150 – up from $100
- Section 8 or 71 Declarations and Renewals - $225 Per Class – up from $125
- Amendments to Goods/Services After Renewal Filed - $250 Per Class
- 90-Day Extensions of Time to Oppose - $200 Per Application – up from $100
- Second 60-Day Extensions to Oppose - $200 Per Application – up from $100
- Final 60-Day Extension to Oppose - $400 Per Application – up from $200
- Notice of Appeal - $225 Per Class – up from $200
- Second and Subsequent Extensions to File Appeal Brief - $100(NEW)
- Filing an Appeal Brief - $200(NEW)
- Petition to Cancel - $600 Per Class – up from $400
- Notice of Opposition - $600 Per Class – up from $400
- Oral Hearing for a TTAB Proceeding - $500 (NEW)
In Particular, the new $250 per Class fee for amendments to goods or services after a renewal is filed would also come into play if a registration is pulled into the U.S. Trademark Office's audit program after filing a required renewal. If the audit results in a deletion from the identification of goods or services, the owner would now have to pay the $250 fee on top of the higher renewal fees already being imposed.
A new $50 fee is also proposed for filing a letter of protest, along with new regulations that codify letter-of-protest procedures. The new proposed fee and procedures are designed to help offset processing costs and deter the filing of unsupported or irrelevant letters of protest, while not discouraging the filing of relevant, well-supported letters of protest.
It amended the application fee for international applicants designating the United States under the Madrid Protocol. The fee is set to increase from $400 to $500 per class. The effective date for this fee change will be February 18, 2021, based on Madrid Protocol treaty requirements.
With the advent of the new fee structure almost every fee is going up and some neverbefore-seen fees are being implemented, It is recommended for Trademark owners wishing to save some money in the coming year on their U.S. portfolio are highly advised to review their current state of matters and try to handle any upcoming deadlines before the end of the year.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.