New USPTO Fees
Effective Jan 2, 2021 the United States Patent and Trademark Office is changed certain fees relating to Trademark registration and maintenance. All future and current trademark and brand owners should be aware that application fees for proposed brands maintaining a trademark have increased.
The United States Patent and Trademark Office (USPTO) was set to make this increase in August of 2020, however, paused development of the fee rule due to the pandemic and stakeholder feedback. Subsequently, after issuing its Final rule on November 17, 2020 the USPTO determined electronic filing fees would increase.
This increase is an effort to upgrade IT systems, infrastructure, and further business improvements at the USPTO. The USPTO stated in the Final “Trademark Fee Adjustment” Rule, “USPTO is receiving record levels of new trademark application filings carrying with them larger front-end examination costs, while the percentage of intent-to-use and maintenance filing are decreasing, resulting in less back-end revenue.”
Therefore, the new adjusted fees for trademark processing and trial and appeal board fees went into effect on January 2, 2021. The more notable fees that affect Trademark owners are as follows:
|Item||Cost before Jan 2, 2021||Cost after Jan 2, 2021|
|TEAS Standard Online Trademark Application Fee per class||$275||$350|
|TEAS Plus Online Trademark Application Fee per class||$225||$275|
|Section 8 & 71 Declaration of Continued Use Filing Fee per class||$125||$225|
|Extension of time for Filing Oppositions for initial 90-Day Request||$100||$200|
|Extension of the time for Filing Oppositions for a final 60-Day Request||$200||$400|
|Notice of Opposition or Petition to Cancel per class||$400||$600|
|New Fee for Filing a Letter of Protest against third-party application||$50|
|New Fee for Deleting Goods, Services and/or Classes from registration after submitting Section 8/71 Declaration (prior to declaration accepted) per class||$250|
NEW WIPO Fees
In addition, the World Intellectual Property Organization (WIPO) announced new fees for international trademarks with the designation of the USA. The new fees will take effect on Feb 18, 2021 and are as follow:
- Application or Subsequent Designation increased from $437 to $518 for each class
- Renewal decreased from $327.75 to $310.85
Our Attorneys are here to make this process easier for you. At Nowlin Scott Law Firm, we use a flat fee schedule for all trademark processing. Let our Attorneys handle every step for you. From filing your application to responding to any office action, our Attorneys will make sure your brand is protected without incurring more cost and time.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Check out some of our other informative blog posts, here.