BEVERLY A. BERNEMAN

Partner


TRADEMARK FILING FEES ARE GOING UP

Beginning January 2, 2021, the United States Patent and Trademark Office is going to increase fees for certain types of filings. Here’s a list of the changes:

  • Standard new application fees are going up $75.00 from $275.00 per class to $350.00 per class.
  • Fees for post-registration Section 8 or 71 declarations (of continued use) are going up $100.00 from $125.00 per to $225.00 per class.
  • New fee of $250.00 per class will be charged for deleting goods and services after submitting a post-registration Section 8 or 71 declaration. (Note this fee was added to encourage amendments to registrations before submitting Section 8 or 71 declarations).
  • Petitions to the Director of Trademarks are going also going up and there will now be a fee for Letters of Protest.

The Trademark Trial and Appeal Board is also increasing it filing fees as follows:

  • Petition to cancel: $600 per class; Up from $400 per class
  • Notice of opposition filed: $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: $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.
  • Final 60-day extension request for filing a notice of opposition: $400 per application; Up from $200 per application
  • Ex parte appeals: $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: $100 per application; There is still no fee for a first request.
  • New fee for appeal briefs in an ex parte appeal: $200 per class
  • New fee for requests for oral hearings: $500 per proceeding

We highly recommend that if you are contemplating any type of filing with the Trademark Office or the Trademark Trial and Appeal Board that you act before the end of the year.

Also, if you have a registered trademark and you’ve added or deleted goods or services since it was registered, contact us to help you avoid the new deletion fee.