New Trademark and TTAB Fees Go Into Effect January 2, 2021
After a multi-year review and adjustment process, fees for the United States Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board (TTAB) will be reset and adjusted, effective January 2, 2021. The result is higher fees for organizations filing for federal trademark registration.
How does this affect my business?
One of the main increases is in filing fees. For every registration filed, the product or service is categorized into one of 46 classes. For example, clothing is class 25, dog training is class 41. When your business submits an application for a mark, your attorney will help you select the appropriate class (or classes).
PTO filing fees are based on the number of classes. Depending on the business, the cost to file an application to register a trademark may increase up to $75 per class.
Other PTO fees are changing as well. Here are the main changes to the fees. See the Final Rule for all changes.
Application and application-related fees:
TEAS Standard: $350 per class, up from $275 per class
TEAS Plus: $250 per class, up from $225 per class
Processing fee for failing to meet TEAS Plus requirements: $100 per class, down from $125 per class
Post-registration fees:
Section 8 or 71 declaration filed through TEAS: $225 per class, up from $125 per class
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: $250 per class 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 (otherwise, the current fee for filing a section 7 request through TEAS is $100).
Petition to the Director and letter of protest fees:
Petition to the Director filed through TEAS: $250, up from $100
Petition to revive an abandoned application filed through TEAS: $150, up from $100
New fee for letter of protest: $50 per application
TTAB fees:
Petition to cancel filed through ESTTA: $600 per class, up from $400 per class
Notice of opposition filed through ESTTA: $600 per class, up from $400 per class
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: $200 per application, up from $100 per application
There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA.
Final 60-day extension request for filing a notice of opposition, filed through ESTTA: $400 per application, up from $200 per application
Ex parte appeal filed through ESTTA: $225 per class, up from $200 per class
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: $100 per application
There is still no fee for a first request.
New fee for appeal briefs in an ex parte appeal filed through ESTTA: $200 per class
New fee for requests for oral hearings: $500 per proceeding
How can my business avoid additional fees?
Businesses or owners who have a brand ready for registration should consider filing immediately to avoid the fee increases.
Contact us to discuss the best strategy if you are considering filing an application to register a trademark.