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Get Your Submissions in Now — Trademark Fees are Going Up in 2021

by | Dec 10, 2020 | Intellectual Property, Trademark

On January 2, 2021, many fees for trademark applications and maintaining trademark registrations  are going to increase according to a recent announcement from the United States Patent and Trademark Office (USPTO).

Which fees are going up? There are quite a few, including applications for trademark registration, maintenance filings, and some Trademark Trial and Appeal Board (TTAB) filings. Additionally, there will be a number of completely new fees. Below, we’re going to cover some of the more noteworthy ones. 

Trademark Fee Increases

TEAS Standard Application Fee

This is increasing $75, making the price for each class $350.

Petition to Cancel or Oppose a Trademark at the TTAB

Increasing by $200, making the price for each class $600.

New Trademark Fees

Deleting Goods and Services Associated with Declarations of Use

This is a fee of $250. It will only apply in some circumstances.

Deleting Goods, Services, and/or Classes from a Registration

This only applies if it is done after you submit a Section 8 ( Continued USe) or Section 71 ( Continued Use for foreign trademarks under the Madrid Protocol) declaration, but before the declaration is accepted. When filed through TEAS, the fee will be $250 per class.

Letter of Protest

Applications will now cost $50 each.

Requests for an Extension of Time to File an Appeal, Brief in an Ex Parte Appeal Filed Through ESTTA

This fee is for second and subsequent requests, and will be $100 per application.

Appeal Briefs in an Ex Parte Appeal Filed Through ESTTA

$200 for each class.

Requests for Oral Hearings

These will now be $500 per proceeding.

Procedure Changes to Letters of Protest are Happening Too

As if all of that was not enough, the USPTO also decided to codify letters of protest procedures, by which one party can call into question whether or not a mark should be able to be registered. Due to numerous fraudulent filings from other countries over the last few years, there have been more and more letters of protest recently, so it is understandable that the USPTO would want to make the process more formalized.

What are these new codified procedures?

  • An itemized evidence index must be provided
  • Unless special circumstances apply, you may only submit 75 total pages of evidence or 10 items.
  • Pay a fee of $50 for each letter.

These changes are not comprehensive. If you would like to see the full list, head to the USPTO site.

What These Trademark Fee and Procedure Changes Mean for You

Quite simply, processes related to trademarks are getting more expensive and complicated. Because of this, if you are thinking about engaging in any trademark-related activities, you would be wise to file any submissions before the end of 2020 if at all possible.

Need help getting those submissions ready before the deadline? Do not hesitate to reach out to the IP team at Marks Gray, P.A.


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