The United States Patent and Trademark Office (USPTO) recently enacted a rule ("Final Rule") that increases a number of fees for filing trademark applications, maintaining trademark registrations, and filing oppositions and cancellations before the Trademark Trial and Appeal Board. The Final Rule is effective on January 2, 2021.

The USPTO enacted the Final Rule to offset the cost of the USPTO's trademark-related operations, provide necessary resources, and accomplish the USPTO's trademark-related strategic goals.

Both the increase in certain existing fees, as well as the fees for actions that were previously without cost, range from modest to fairly substantial and will have a significant impact on brand owners seeking to register, maintain, and enforce their trademarks. In view of these fee adjustments, brand owners considering filing new trademark applications, or who have upcoming deadlines, should proceed with filings straightaway, in order to avoid incurring the increased government fees that will take effect on January 2, 2021.

The most notable fee adjustments are listed below.

Application and Application-Related Fees

 

Current Fee

New Fee

TEAS Standard $275 per class $350 per class
TEAS Plus $225 per class $250 per class
Lower processing fee for failing to meet TEAS Plus requirements $125 per class $100 per class

Post-Registration Fees

 

Current Fee

New Fee

Section 8 or 71 declaration filed through TEAS $125 per class $225 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 No fee $250 per class

Petition to the Director and Letter of Protest Fees

 

Current Fee

New Fee

Petition to the Director filed through TEAS $100 $250
Petition to revive an abandoned application filed through TEAS $100 $150
New fee for Letter of Protest No fee $50 per application

TTAB Fees

 

Current Fee

New Fee

Petition to cancel filed through ESTTA $400 per class $600 per class
Notice of opposition filed through ESTTA $400 per class $600 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 $100 per application $200 per application
First 30-day extension request for filing a notice of opposition, filed through ESTTA No fee No fee
Final 60-day extension request for filing a notice of opposition, filed through ESTTA $200 per application $400 per application
Ex parte appeal filed through ESTTA $200 per class $225 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 (there is still no fee for a first request) No fee $100 per application
New fee for appeal briefs in an ex parte appeal filed through ESTTA No fee $200 per class
New fee for requests for oral hearings No fee $500 per proceeding  

See Final Rule at https://www.federalregister.gov/documents/2020/11/17/2020-25222/trademark-fee-adjustment for all fee changes.