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Increase in Trademark Fees, Effective January 2, 2021


November 24, 2020

Kevin Soucek

November 24, 2020

As if anything else could go wrong in 2020, the U.S. Patent and Trademark Office (USPTO) has announced an increase in a number of trademark filing fees, effective January 2, 2021.  For anyone considering a new U.S. trademark application filing as well as anyone having a renewal due, you can take advantage of the current USPTO fee structure by filing before year-end 2020.

The trademark office filing fee increases are as follows:

Application and application-related fees

  • TEAS Standard: $350 per class (An increase from $275 per class)
  • TEAS Plus: $250 per class  (An increase from $225 per class)

Post registration fees

  • Section 8 or 71 Declaration filed through TEAS: $225 per class (An increase from $125 per class)

Petition to the Director and letter of protest fees

  • Petition to the Director filed through TEAS: $250 (An increase from $100)
  • Petition to revive an abandoned application filed through TEAS: $150 (An increase from $100)
  • New fee for letter of protest: $50 per application

Trademark Trial & Appeal Board fees

  • Petition to cancel filed through ESTTA: $600 per class (An increase from $400 per class)
  • Notice of opposition filed through ESTTA: $600 per class (An increase 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 (An increase 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 (An increase from $200 per application)
  • Ex parte appeal filed through ESTTA: $225 per class (An increase 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

Please do not hesitate to reach out to us here to expedite and take advantage of 2020 pricing. We would also be happy to assess your portfolio and advise of any applicable savings you can achieve.

Kevin Soucek is an associate at Walter Haverfield who focuses his practice on intellectual property. He can be reached at ksoucek@walterhav.com or at 216-619-7885.