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 ...
About This Blog
Lewis Roca is immersed in your industry and invested in your success. We share insights and trends that can affect your business.
Search
Topics
Archives
- July 2021
- June 2021
- May 2021
- April 2021
- February 2021
- January 2021
- December 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- November 2018
- April 2018
- February 2018
- January 2018
- December 2017
- November 2017
- September 2017
- August 2017
- June 2017
- May 2017
- April 2017
- March 2017
- November 2016
- October 2016
- September 2016
- August 2016
- April 2016
- January 2016
Authors
- Anne Aikman-Scalese
- Alfredo T. Alonso
- Amy E. Altshuler
- Oliver S. Bajracharya
- Edwin A. Barkel
- Trevor G. Bartel
- G. Warren Bleeker
- Brooks Brennan
- Ogonna M. Brown
- Michael W. Cabrera
- Chad S. Caby
- John Carson
- Rob Charles
- Brent R. Cohen
- Howard E. Cole
- Carla A. Consoli
- Ross L. Crown
- Thomas J. Daly
- Pat Derdenger
- Hannah Dolski
- Thomas J. Dougherty
- Susan M. Freeman
- Jessica L. Fuller
- John C. Gray, CIPP/US
- Gregory Y. Harris
- Art Hasan
- Frances J. Haynes
- Dietrich C. Hoefner
- Jennifer K. Hostetler
- Marla J. Hudgens
- David A. Jackson
- Aaron D. Johnson
- Kyle W. Kellar
- Eric N. Kniffin
- Kris J. Kostolansky
- Shaun P. Lee
- Glenn J. Light
- Laura A. Lo Bianco
- Karen Jurichko Lowell
- Stanley B. Lutz
- H. William Mahaffey
- Constantine Marantidis
- Michael J. McCue
- David C. McElhinney
- Lindsay L. McKae
- Robert H. McKirgan
- Linda M. Mitchell
- Steven T. Moortel
- Gary J. Nelson
- William D. Nelson
- Laura Pasqualone
- Melanie V. Pate
- David A. Plumley
- Kurt S. Prange
- Stephen Richer
- Robert F. Roos
- Karl F. Rutledge
- Daniel A. Salgado
- Mary Ellen Simonson
- Susan Strebel Sperber
- Jeffrey J. Steffen
- Jan A. Steinhour
- Ryan M. Swank
- Dustin R. Szakalski
- Jennifer A. Van Kirk
- James Voyles
- Hilary D. Wells, CIPP/US
- Drew Wilson
- Karen L. Witt
Recent Posts
- ‘Promoting Competition in the American Economy’ Executive Order Would Open Economic Growth, Ban Non-Compete Agreements
- SCOTUS: Authorized Pipeline Developers Can Exercise Federal Eminent Domain Over State, Municipal Land
- The Supreme Court Reins in Assignor Estoppel
- Welcome our 2021 Summer Associates
- The IP of Everything Podcast - Episode 9 - The IP of Take-Out
- Permanent Improvements on Tribal Lands Categorically Preempted from State Property Tax
- The IP of Everything Podcast - Episode 8 - The IP of "Where Are They Now?"
- Arizona Tax 2020 Year in Review
- Board Education and Training for Financial Institutions Are Key Elements of Business Success
- The IP of Everything Podcast - Episode 6 - The IP of Memes