By Tyler Johnson
The United States Patent & Trademark Office is adjusting fees for the first time in nearly 3 years.
TEAS Standard Application cost will increase from $275 to $350 per class of goods/services. The TEAS Standard filing option is used to file an initial application for a trademark or service mark on the principal register. Unlike the TEAS Plus application (described below), the TEAS Standard application allows the applicant to craft a custom description of the goods and/or services for which registration is sought, which can be useful in helping to distinguish the mark from others and may be necessary where there is no accurate description for the goods or services in the Trademark ID Manual.
TEAS Plus Application cost will increase from $225 to $250 per class of goods/services. The TEAS Plus application is also used to file an initial application for a trademark or service mark on the principal register, but requires the applicant to choose a goods and/or services description from the Trademark ID Manual.
Section 8 Declaration of Use (Maintenance Filing) cost will increase from $125 to $225 per class of goods/services. A Section 8 Declaration of Use is a statement made to the USPTO affirming that the federally registered mark has been continuously in use in commerce. Sometime between the 5th and 6th anniversary of federal registration, the owner must file the Section 8 Declaration of Use declaring the continued use of the mark in connection with the goods and/or services listed in the registration (or an explanation as to the special circumstances for any period of nonuse). A Section 8 Declaration of Use must also be filed at the time of trademark or service mark renewal, which is every ten years after registration.
OVERVIEW OF NEW USPTO FEES:
Updated USPTO Application-Related Fees
- TEAS Standard: $350 per class (previously $275)
- TEAS Plus: $250 per class (previously $225)
- Processing fee for failing to meet TEAS Plus requirements: $100 per class (previously $125)
Updated USPTO Post Registration Fees
- Section 8 or 71 declaration filed through TEAS: $225 per class (previously $125)
- 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 (new fee)
Updated USPTO Petition to the Director and Letter of Protest Fees
- Petition to the Director filed through TEAS: $250 (previously $100)
- Petition to revive an abandoned application filed through TEAS: $150 (previously $100)
- Letter of protest: $50 per application (new fee)
Updated TTAB Fees
- Petition to cancel filed through ESTTA: $600 per class (previously $400)
- Notice of opposition filed through ESTTA: $600 per class (previously $400)
- 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 (previously $100)
- No fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA. (unchanged)
- Final 60-day extension request for filing a notice of opposition, filed through ESTTA: $400 per application (previously $200)
- Ex parte appeal filed through ESTTA: $225 per class (previously $200)
- 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 (new fee)
- No fee for a first request. (unchanged)
- Appeal briefs in an ex parte appeal filed through ESTTA: $200 per class (new fee)
- Requests for oral hearings: $500 per proceeding (new fee)
Partial Refunds for Petitions to Cancel
In addition to the new fees coming in January 2021, the USPTO will also be offering partial refunds for petitions to cancel in default judgements in the following instances:
- If the cancellation involves only a nonuse or abandonment claim
- If the defendant didn’t appear
- There were no filings other than the petition to cancel