Previously, the United States Patent and Trademark Office (USPTO) announced that in August 2019, the trademark filing fees would be increasing. Due to the pandemic, they had to delay rolling it out.
Just recently, the new Commissioner of Trademarks announced that the increase would be effective on January 2, 2021. The last fee increase by the USPTO was back in 2017. The Commissioner did not provide any specific fee structure during the announcement.
Although micro-entities and small companies are still recovering from the pandemic, the USPTO has informed the public that the increase is necessary to keep the USPTO and the Trademark Trial and Appeal Board (TTAB) still operate efficiently.
Over the past year, the members of the trademark bar and industry trade groups had provided comments on the proposed fees and the USPTO had taken some of those comments into consideration before finalizing the schedule of fees. The new schedule of fees focuses more on electronic filings because of the high preference compared to paper filings.
Lloyd & Mousilli will also apply the fee increase following the effectivity date of USPTO. For more information about fees, trademarks, and anything related to IP and Technology law, feel free to contact us.
Summary Chart of USPTO Trademark Fee Increases Starting January 2, 2021
For more information or questions, please contact us. If you have any upcoming maintenance or renewal deadlines in the first three to six months of 2021 that you would like to file before the end of the year to save money, please contact us so we can assist you with your filings. Now is the best time to file new trademark applications before the fee increase takes effect, Lloyd & Mousilli can help!
| Description | Current Fee* | New Fees*
Jan. 2, 2021 |
| Trademark Application Fees | ||
| TEAS Plus Trademark Application
(using the ID manual only) |
$225 per class | $250 per class |
| TEAS Standard Trademark Application | $275 per class | $350 per class |
| Petition to Revive Application | $100 per application | $150 per application |
| Section 8/71 Declaration of Continued Use | $125 per class | $225 per class |
| Deletion of goods/services after submission of Section 8/71 | $0 | $250 per class |
| NEW: Letter of Protest | $0 | $50 per letter |
| TTAB Fees | ||
| Filing an Ex Parte Appeal | $200 per class | $225 per class |
| Initial Extension of Time to file Appeal Brief | $0 | $0 |
| NEW: Subsequent Extensions of Time to File Appeal Brief | $0 | $100 per application |
| NEW: Submitting an Appeal Brief | $0 | $200 per class |
| Extension of Time to Oppose (initial 30 days) | $0 | $0 |
| Extension of Time to Oppose (for 60/90 days) | $100 | $200 per application |
| Extension of Time to Oppose (final 60 days) | $200 | $400 per application |
| Notice of Opposition | $400 per class | $600 per class |
| Petition for Cancellation | $400 per class | $600 per class |
| NEW: Request for Oral Hearings | $0 | $500 per proceeding |
*Note: All fees noted above are for electronically filed documents through TEAS or ESTTA
