• O'Neill Tran Law

USPTO INCREASES TRADEMARK FILING FEES

While obtaining a Federal trademark registration remains a relatively inexpensive way to obtain a panoply of protections over your trademark, the United States Patent and Trademark Office ("USPTO") filing fees are increasing on January 2, 2021.


Below are the primary fee adjustments beginning January 2, 2021:


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

  • Processing fee for failing to meet TEAS Plus requirements: $100 per class Down from $125 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

  • There will be no fee if you electronically file a section 7 request to amend your registration before submitting a section 8 or 71 declaration and only delete goods, services, and/or classes in the request (otherwise, the current fee for filing a section 7 request through TEAS is $100).

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 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 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.

While this article strives to provide general information on the USPTO, this article does not contain legal advice and I highly recommend that you speak with your trademark attorney for further guidance.


If you have any questions please contact O’Neill Tran Law today at info@oneilltranlaw.com for additional information.


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