Trademark 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.”

Trademark Fee Changes Effective in 2021

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

• TEAS Standard: $350 per class
  Up from $275 per class
• TEAS Plus: $250 per class 
  Up from $225 per class

Post registration fees

• Section 8 or 71 declaration filed through TEAS: $225 per class
  Up from $125 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: $250 per class if filed through TEAS

Petition to the Director and letter of protest fees

• Petition to the Director filed through TEAS: $250 
  Up from $100 
• Petition to revive an abandoned application filed through TEAS: $150 
  Up from $100 
• New fee for letter of protest: $50 per application 

TTAB fees 

• Petition to cancel filed through Electronic System for Trademark Trials and Appeals ( ESTTA): $600 per class
  Up from $400 per class
• Notice of opposition filed through ESTTA: $600 per class
  Up from $400 per class
• Initial 90-day extension requests for filing a notice of opposition, or second 60-day extension requests for filing a notice of opposition, filed through ESTTA: $200 per application
  Up from $100 per application
• There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA.
• Final 60-day extension request for filing a notice of opposition, filed through ESTTA: $400 per application
  Up from $200 per application
• Ex parte appeal filed through ESTTA: $225 per class
  Up from $200 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: $100 per application
• There is still no fee for a first request.
• New fee for appeal briefs in an ex parte appeal filed through ESTTA: $200 per class
• New fee for requests for oral hearings: $500 per proceeding

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.  

New Fee for Requests to Delete Goods/Services

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:

• Determine sooner the goods, services, or classes in the registration for which their registered trademark is no longer in use.
• Delete those goods, services, or classes from the registration before filing or within their Section 8 or 71 Declaration.
• More quickly comply with statutory requirements regarding claims of use.

Key Takeaway

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 questions, please contact us

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.