USPTO Final Rule; Trademark-related Fee Increase

USPTO Final Rule; Trademark-related Fee Increase

trademark written in a brand strategy book for NJ trademark attorney

The United States Patent and Trademark Office (“USPTO”) issued a Final Rule, raising filing fees for certain types of Trademark filings. The increase in filing fees will directly affect individuals and businesses wishing to register and enforce their marks. Under this Final Rule, some basic costs will be increased fairly significantly, and some new fees are being added. 

According to the Department of Commerce, “[t]he proposed fees are intended to recover the prospective aggregate costs of future strategic and operational trademark and Trademark Trial and Appeal Board (“TTAB”) goals and associated administrative costs.” In layman’s terms, the fee increases are intended to ensure the USPTO’s financial sustainability by better matching registration fees with agency costs, including appropriate staffing and updated technology. 

We are hopeful this translates into better quality examinations and more streamlined processes.    

NEW APPLICATION FILING AND PROSECUTION FEES:

  • The fee for filing a standard electronic application will increase from $275 to $350 per class.
  • TEAS Plus applications will increase from $225 to $250. 
    • TEAS Plus applications restrict an applicant’s language options for describing goods and services.
  • The penalty for not meeting TEAS Plus requirements is being reduced to $100/class (from $125).

POST-REGISTRATION MAINTENANCE FEES:

  • The fee for filing a Declarations of Continuing Use under Section 8 and Section 71 (between the 5th – 6th anniversaries) will increase from $125 to $225.
  • There will be a penalty of $250 for deleting goods, services, and/or classes from a registration after submitting a section 8 and/or 71 declaration before the declaration is accepted.

PETITION TO THE DIRECTOR AND LETTERS OF PROTEST:

  • A petition to the Director: $250 (up from $100)
  • Petition to revive an abandoned application: $150 (up from $100)
  • A $50 fee to file a Letter of Protest, per application.

TTAB FEES:

  • Petitions for Cancellation filing fee: $600/class (up from $400/class).
  • Notices of Opposition: $600/class (up from $400/class).
  • Initial 90-day Extension of Time (“EOT”) request for filing a Notice of Opposition (or second 60-day EOT request): $200 per application (up from $100/per application).
  • Final 60-day EOT request for filing a Notice of Opposition: $400 per application (up from $200/per application).
  • Ex Parte appeal: $225 per class (up from $200 per class).
  • $100 per EOT for appeal brief after the 1st EOT request.
  • A new $200 fee per class for filing an appeal brief; and
  • A new $500 fee for requesting an oral hearing before the TTAB.

Thus, it is essential for any individual(s) or business clients concerned about the cost of registration to begin the registration process as soon as possible. It is likely that those individuals or businesses with near-term plans to register or maintain their marks may save money by starting the process now before these monetary adjustments take effect.

Contact our Trademark Attorneys

Contact the trademark attorneys at the Law Office of Elliott J. Brown for more information about the new fees or the process of obtaining a trademark, in general.

Adam Blaier, Esq.

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