USPTO to Increase Trademark Fees in 2021November 30, 2020

The United States Patent and Trademark Office (USPTO) has recently announced increases to certain trademark fees beginning on January 2, 2021. The fees will increase for trademark applications, post-registration maintenance filings, and certain filings with the Trademark Trial and Appeal Board (TTAB).

Below are some of the more significant and noteworthy fee increases:

• The fee for a TEAS Standard Application will increase $75 per class, from $275 to $350.
• A petition to cancel or oppose a trademark at the TTAB will now be $600 per class, up from $400 per class.

While many of the fee increases relate to already existing fees, there are also new fees. For example, the USPTO has implemented a new $250 fee for deleting goods and services in some circumstances associated with Declarations of Use. A partial list of new fees include:

• New fee for 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 for letter of protest: $50 per application,
• New fee for 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 for appeal briefs in an ex parte appeal filed through ESTTA: $200 per class,
• New fee for requests for oral hearings: $500 per proceeding

In addition to fee changes, the Office also codified the procedures for letters of protest, which allow third parties to bring to the attention of the USPTO evidence bearing on the registrability of a mark. These letters have become especially significant due to an increase in fraudulent trademark filings from China in recent years.

New requirements for letters of protest include:

• Provide an itemized evidence index.
• Submit no more than 10 items of evidence or 75 total pages, absent special circumstances.
• Pay a $50 fee per letter of protest. The fee will help us to recover a portion of our processing costs without placing an undue burden on third-party filers.

Please note that the above is not a complete list of all of the fees being changed. A copy of the Final Rule is available here.

Because the rule becomes effective on January 2, 2021, if you are considering filing a new trademark application or maintaining an existing registration, you may want to file your submission before the end of 2020.

Brandon W. Clark is the Chair of the Copyright, Entertainment & Media Law Practice Group at McKee, Voorhees & Sease, PLC. For additional information, please visit www.ipmvs.com or contact Brandon directly via email at brandon.clark@ipmvs.com