The United States Patent and Trademark Office (“USPTO”) recently increased certain filing fees as result of the biennial review of fees and costs, which began in December of 2018. These fee increases became effective January 02, 2021. The fees effected include both prosecution fees before the Office as well as fees related to proceedings before the Trademark Trial and Appeal Board (“TTAB”).
The fees have not increased since January of 2017. The USPTO states the fee adjustments were necessary in light of increasing costs at the Office and to provide the necessary resources pertinent to the operational needs of the Trademark Office. These fee increases also aim to aid in implementing the USPTO 2018-2022 Strategic Plan. Additionally, the USPTO considered the feedback from the public in terms of when the fee increase should be implemented. Speculation from trademark practitioners believe the fee increases may be a deterrent from submitting large volumes of applications with vague and broad identifications of goods and services; this slows examination. Ultimately, the USPTO believes the fee increases offer reasonable, affordable fees to the public that also allows the USPTO to recover aggregate costs for the operation of the Trademark Office and implementation of their Strategic Plan.
The most notable fee increases concerning prosecution at the USPTO relate to trademark application filing fees and post-registration renewal fees. The most notable fee increases at TTAB include the Petition for Cancellation fee and the fee for a Notice of Opposition. A surprising development, however, is the announcement that a partial refund will be applicable for a Petition for Cancellation wherein only nonuse or abandonment are claimed, the respondent didn’t appear, and the only filing on the record being the Petition for Cancellation. The premise behind the partial refund is the incentive to rid the Register of unused trademarks. A table of the main fee changes can be found below; this is a non-exhaustive list, but represents the most frequently encountered fees:
| Applicable Filing | Previous Fee | New Fee effective Jan. 02, 2021 |
| TEAS Standard Application | $275 per Class | $350 per Class |
| TEAS Plus Application | $225 per Class | $250 per Class |
| Section 8 or 71 Declaration for Renewal | $125 per Class | $225 per Class |
| Petition to the Director | $100 | $250 |
| Petition to Revive Application | $100 | $150 |
| Letter of Protest | None – This is a new fee | $50 per Application |
| Petition for Cancellation | $400 per Class | $600 per Class |
| Notice of Opposition | $400 per Class | $600 per Class |
| Initial 90 Day Extension Request for filing a Notice of Opposition | $100 per Application | $200 per Application |
| Final 60-day Extension Request for filing a Notice of Opposition | $200 per Application | $400 per Application |
| Ex Parte Appeal through ESTTA | $200 per Class | $225 per Class |
| Requests for Oral Hearings | None – This is a new fee | $500 per Proceeding |
More information can be found at the links below:
USPTO Full Fee Schedule: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule
Final Rule on Trademark Fee Adjustment: https://www.federalregister.gov/documents/2020/11/17/2020-25222/trademark-fee-adjustment