The Legal Brief
New Fees Announced By United States Patent and Trademark Office
November 24, 2020
The United States Patent and Trademark Office (“USPTO”) announced it will raise most of its trademark filings fees and implement new fees as of January 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation, and opposition proceedings before the Trademark Trial and Appeal Board. With filing fees increase, trademark owners should review their upcoming deadlines and potentially take action prior to the end of the year.
Here are some of the new or raised fees coming in the New Year:
- New Standard Trademark Application: $350 per class – up from $275
- New Plus Trademark Application: $250 per class – up from $225
- Letter of Protest: $50 - **new**
- Petition to Director: $250 – up from $100
- Petition to Revive: $150 – up from $100
- Section 8 or 71 Declarations and Renewals: $225 per class – up from $125
- Amendments to Goods/Services After Renewal Filed: $250 per class **new**
- 90-Day Extensions of Time to Oppose: $200 per application – up from $100
- Second 60-Day Extensions to Oppose: $200 per application – up from $100
- Final 60-Day Extension to Oppose: $400 per application – up from $200
- Notice of Appeal: $225 per class – up from $200
- Second and Subsequent Extensions to File Appeal Brief: $100 **new**
- Filing an Appeal Brief: $200 **new**
- Petition to Cancel: $600 per class – up from $400
- Notice of Opposition: $600 per class – up from $400
- Oral Hearing for a TTAB Proceeding: $500 **new**
The USPTO also announced it will give partial refunds in situations where a party files a Petition to Cancel a registration on nonuse or abandonment grounds and the proceeding ends in a default judgment (with no other filings).