Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 7, 2021
The Firm
201-896-4100 info@sh-law.comTrademark fees have increased, effective January 2, 2021. This is the first time that the U.S. Patent and Trademark Office (USPTO) has increased fees in nearly three years.
According to the USPTO, the higher fees will enable it to “continue to enhance the quality of trademark examination, achieve optimal examination times, invest in modernizing trademark information technology systems and infrastructure, and provide stability to USPTO operations, even in times of financial fluctuations.”
On November 17, 2020, the USPTO issued a Final Rule to set or increase certain trademark fees, as authorized under the America Invents Act (AIA). The USPTO’s full list of fee changes and the rationale behind them are set forth in the Final Rule. Below is a brief summary of the fee changes:
Application and application-related fees
Post registration fees
Petition to the Director and letter of protest fees
TTAB fees
The USPTO is also implementing partial refunds for petitions to cancel in default judgments if the cancellation involves only a nonuse or abandonment claim, the defendant didn’t appear, and there were no filings other than the petition to cancel.
As set forth above, the USPTO is imposing a new fee if a request to delete goods, services, or classes from a registration is filed after a Section 8 or Section 71 Declaration is filed but before it’s accepted. No fee will be charged if the request is filed before a Section 8 or Section 71 Declaration is filed. According to the USPTO, charging a fee for deletions made between the filing and acceptance of the Section 8 or Section 71 Declaration will improve the integrity of the register by encouraging registrants to:
Some of the USPTO trademark fee hikes are significant, particularly when an application covers multiple classes. The broad increases will also impact both the registration and enforcement of trademarks.
If you have any questions or if you would like to discuss the matter further, please contact me, David Einhorn, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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