The United States Trademark Office formally announced it will raise the vast majority of its trademark filings fees and implement some new fees as of Jan. 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation and opposition proceedings before the Trademark Trial and Appeal Board. Trademark owners would be wise to take a look at their upcoming deadlines and potentially take action on them before the end of the year.
Below is a brief summary of the new or raised fees that trademark owners can expect to have to pay in the New Year:
- New Standard Trademark Application - $350 Per Class – up from $275
- New Plus Trademark Application - $250 Per Class – up from $225
- Letter of Protest - $50 - **New**
- Petition to Director - $250 – up from $100
- Petition to Revive - $150 – up from $100
- Section 8 or 71 Declarations and Renewals - $225 Per Class – up from $125
- Amendments to Goods/Services After Renewal Filed - $250 Per Class **New**
- 90-Day Extensions of Time to Oppose - $200 Per Application – up from $100
- Second 60-Day Extensions to Oppose - $200 Per Application – up from $100
- Final 60-Day Extension to Oppose - $400 Per Application – up from $200
- Notice of Appeal - $225 Per Class – up from $200
- Second and Subsequent Extensions to File Appeal Brief - $100 **New**
- Filing an Appeal Brief - $200 **New**
- Petition to Cancel - $600 Per Class – up from $400
- Notice of Opposition - $600 Per Class – up from $400
- Oral Hearing for a TTAB Proceeding - $500 **New**
Notably, the new $250 per Class fee for amendments to goods or services after a renewal is filed would also come into play if a registration is pulled into the U.S. Trademark Office’s audit program after filing a required renewal. If the audit results in a deletion from the identification of goods or services, the owner would now have to pay the $250 fee on top of the higher renewal fees already being imposed.
While almost every fee is going up and some never-before-seen fees are being implemented, there is some good news: The Trademark Office has announced it will give partial refunds in situations where a party files a Petition to Cancel a registration on nonuse or abandonment grounds and the proceeding ends in a default judgment (with no other filings).
Trademark owners wishing to save some money in the coming year on their U.S. portfolio are highly advised to review their current portfolios and try to handle any upcoming deadlines before the end of the year.