New USPTO Fees Coming In January 2021

By Josh Gerben, Esq.

Effective January 2, 2021, the USPTO will be implementing a revised version of its trademark and TTAB fees.

If you are considering registering your trademarks with the USPTO or if you are a current trademark owner, it is crucial to understand and prepare for the forthcoming increase in most fees, as well as the introduction of a few new ones.

Why Is the USPTO Adjusting Trademark Fees?

The USPTO reviews its revenue and costs every two years to ensure its fees are appropriate to properly run the agency. Following a release of its proposed plans, the agency invites the public to share their feedback prior to instituting a final rule on the new fee structure.

The January 2021 fee adjustments are intended to account for increasing costs and to provide the resources necessary for the agency’s trademark-related operations. The USPTO states that the overall goal is to “balance a reasonable and affordable fee schedule with sufficient multi-year revenue to recover the aggregate costs of maintaining the USPTO’s trademark-related operations and accomplishing the USPTO’s trademark-related strategic goals.”

That said, any fee increases always disproportionately affect small business.  The choice to raise fees in the middle of a pandemic that has hit small businesses hard has led to some criticism of the USPTO.

Overview of New USPTO Fees

The following section provides an overview of the fees that will be implemented on January 2 for trademark-related activities.

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:

1. If the cancellation involves only a nonuse or abandonment claim
2. If the defendant didn’t appear
3. There were no filings other than the petition to cancel

To read more about the upcoming fee adjustments, visit the USPTO website.

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Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.