The United States Patent & Trademark Office has enacted a Final Rule that will increase the fees for filing trademark applications, maintaining trademark registrations and filing oppositions and cancellations before the Trademark Trial and Appeal Board, effective January 2, 2021.
Some of the fee increases are fairly substantial and other fees have been set for actions that were previously without cost, so trademark owners seeking to file new applications, or with upcoming deadlines, should take action as soon as possible to avoid incurring increased government fees taking effect on January 2, 2021. The most notable fee adjustments are set forth below, and all changes set forth in the Final Rule are accessible online here.
Trademark Application Fees
| Current Fee | New Fee Jan. 2, 2021 | |
| TEAS Standard | $275 per class | $350 per class |
| TEAS Plus | $225 per class | $250 per class |
| Processing fee for failing to meet TEAS Plus requirements | $125 per class | $100 per class |
Trademark Post-Registration Fees
| Current Fee | New Fee Jan. 2, 2021 | |
| Section 8 or 71 declaration filed through TEAS | $125 per class | $225 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 | No fee | $250 per class |
Petition to the Director and Letter of Protest Fees
| Current Fee | New Fee Jan. 2, 2021 | |
| Petition to the Director filed through TEAS | $100 | $250 |
| Petition to revive an abandoned application filed through TEAS | $100 | $150 |
| NEW FEE for Letter of Protest | No fee | $50 per application |
Trademark Trial and Appeal Board Fees
| Current Fee | New Fee Jan. 2, 2021 | |
| Petition to cancel filed through ESTTA | $400 per class | $600 per class |
| Notice of opposition filed through ESTTA | $400 per class | $600 per class |
| Initial 90-day extension request for filing a notice of opposition, or secion 60-day extension request for filing a notice of opposition, filed through ESTTA | $100 per application | $200 per application |
| Final 60-day extension request for filing a notice of opposition, filed through ESTTA | $200 per application | $400 per application |
| Ex parte appeal filed through ESTTA | $200 per class | $225 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 | No fee | $100 per application |
| NEW FEE for appeal briefs in an ex parte appeal filed through ESTTA | No fee | $200 per class |
| NEW FEE for requests for oral hearings | No fee | $500 per proceeding |
In addition to the fee changes and increases noted above, the TTAB will also implement partial refunds for petitions to cancel in default judgments if the cancellation involves only a nonuse or abandonment claim, the defendant did not appear and there were no filings other than the petition to cancel.
Please contact David Jackson at DJackson@lewisroca.com, Jennifer Van Kirk at JVanKirk@lewisroca.com, or your Lewis Roca Rothgerber Christie attorney for assistance at any time.
Tags: Intellectual Property
PartnerDavid Jackson provides a full spectrum of intellectual property services and works closely with clients to help them develop comprehensive, global brand strategies. Clients value David’s creativity, strategic judgment, and ability to understand their business needs to help them best ...
PartnerJennifer Van Kirk counsels clients on a wide variety of intellectual property matters, including all aspects of trademark and brand protection: trademark clearance, prosecution, licensing, portfolio management, and litigation guidance. Her experience includes traditional ...
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