New Year, New Trademark Fees

Effective January 2, 2021 fees associated with filing applications and maintaining registrations will increase. The filing fees for opposition and cancellation proceedings have also increased. 

 

Some of the fees are new, and many of the fee increases are substantial. For example, the USPTO has implemented a new $250 fee for deleting goods and services in some circumstances associated with Declarations of Use. Registrants are encouraged through a reduction of fees to amend their registrations before filing the Declaration of Use. Foreign registrants, who often register in the USPTO with lengthy lists of goods that are ultimately not sold in the USA, may be heavily impacted by these fees and may consider filing amendments well before the Declaration of Use is due.

Other fee increases include the following common submissions:

Application fees

  • Standard electronic submission: $350 per class

Increase from $275 per class

Post-registration maintenance fees

  • Section 8 or 71 Declarations of Use: $225 per class

Increase from $125 per class

  • New $250 fee for deleting goods, services, and/or classes from a registration after filing a Declaration of Use but before it is accepted

Petition to the Director and letter of protest fees

  • Petition to the Director: $250

Increase from $100

  • Petition to revive an abandoned application: $150

Increase from $100

  • New $50 fee for letter of protest per application

TTAB fees

  • Appeal from an adverse decision during prosecution: $225 per class

Increase from $200 per class

New $200 filing fee per class for appeal briefs

  • A tiered fee structure is in effect for requests for extension of time to file an opposition, with the cost of a 90-day extension at $200

Increase from $100 per application

  • Notice of opposition: $600 per class

Increase from $400 per class

  • Petition to cancel registration of another party: $600 per class

Increase from $400 per class

Please note this is not a complete list of all the fees being changed, particularly for the TTAB. Further, these fees apply to electronic filings, which make up the bulk of filings because the USPTO has mostly gone paperless.