USPTO Increases Trademark and TTAB Fees for 2021: Lewis Roca

12/23/2020

USPTO Increases Trademark and TTAB Fees for 2021

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

David A. Jackson
Partner
Email | 602.262.0807
David 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 ...
Full Bio | Contact Author | Blog Posts
Jennifer A. Van Kirk
Partner
Email | 602.262.0203
Jennifer 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 ...
Full Bio | Contact Author | LinkedIn | Blog Posts

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.

Lewis Roca Blog

About This Blog

Search

Topics

Archives

Authors

Recent Posts