New Trademark Fees Implemented by the United States Patent and Trademark Office

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On November 17, 2020, the USPTO enacted a rule that will adjust trademark fees and Trademark Trial and Appeal Board fees. This is the first time that trademark fees have been adjusted since 2017. In the final rule, the USPTO says that the increase in fees is intended to further USPTO strategic objectives by better aligning fees with costs, protecting the integrity of the trademark register, improving the efficiency of agency processes, and ensuring financial sustainability to facilitate effective trademark operations. The new fees will take effect on January 2, 2021.

Notably, fees associated with filing applications and maintaining registrations will increase. The filing fees for opposition and cancellation proceedings have also increased. The most significant fee changes are noted below:

Trademark Application and Related Fees

Current Fee New Fee
Trademark Electronic Application System (TEAS) Plus Application $225 per class $250 per class
TEAS Standard Application $275 per class $350 per class
Petition to the Director filed through TEAS $100 $250
Petition to revive an abandoned application filed through TEAS $100 $150
Letter of Protest No Fee $50

Post-Registration Fees

Current Fee New Fee
Section 8 or71 Declaration of Continued Use $125 per class $225 per class
Deletion of goods/services after submission of Section 8 or71 Declaration but before acceptance of Declaration No fee $250 per class

Trademark Trial and Appeal Board Fees

Current Fee New Fee
Initial 90-day extension requests for filing a notice of opposition or a second 60-day extension request for filing a notice of opposition $100 per application $200 per application
Final 60-day extension request for filing a notice of opposition $200 per application $400 per application
Notice of Opposition $400 per class $600 per class
Petition for Cancellation $400 per class $600 per class
Filing an ex parte appeal $200 per class $225 per class

If you have questions related to the new fees, please feel free to contact the Faegre Drinker trademark team.