The U.S. Trademark office will be raising select fees for trademark filings and for proceedings before the trademark trial and appeal board (TTAB). The new fees go into effect January 2, 2021. For those considering filing new trademark applications, renewals or trademark opposition proceedings, moving those filings up before the end of 2020 will provide a significant savings. On average, the Trademark office fees are increasing about 50% with the greatest increases occurring in post registration fees and protest/opposition proceedings.
New filing fees are a mixed bag. For TEAS Standard application where the applicant has the ability to craft their own goods description, the fee has increased $75 per class. TEAS Plus applications, which use the office's acceptable goods descriptions, will only increase $25 per class. The fees to renew an application (Section 8 fee) will increase $100 per class. The office has also added a new fee for deleting goods, services or classes after submitting a renewal application but before the declaration is accepted. This fee will be $250.
Finally, the office has implemented new fees for additional requests for extension of time, appeal briefs and requests for oral argument during TTAB proceedings.
The complete list of fee changes from the trademark office is provided below. If you would like to review the full budget review published by the trademark office, it is available at https://www.federalregister.gov/documents/2020/11/17/2020-25222/trademark-fee-adjustment
Application and application-related fees
TEAS Standard: $350 per class Up from $275 per class
TEAS Plus: $250 per class Up from $225 per class
Processing fee for failing to meet TEAS Plus requirements: $100 per class Down from $125 per class
Post registration fees
Section 8 or 71 declaration filed through TEAS: $225 per class Up from $125 per class
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
There will be no fee if you electronically file a section 7 request to amend your registration before submitting a section 8 or 71 declaration and only delete goods, services, and/or classes in the request (otherwise, the current fee for filing a section 7 request through TEAS is $100). Read below about why we’re implementing a fee for certain requests to delete goods, services, and/or classes.
Petition to the Director and letter of protest fees
Petition to the Director filed through TEAS: $250 Up from $100
Petition to revive an abandoned application filed through TEAS: $150 Up from $100
New fee for letter of protest: $50 per application
TTAB fees
Petition to cancel filed through ESTTA: $600 per class Up from $400 per class
Notice of opposition filed through ESTTA: $600 per class Up from $400 per class
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 Up from $100 per application
There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA.
Final 60-day extension request for filing a notice of opposition, filed through ESTTA: $400 per application Up from $200 per application
Ex parte appeal filed through ESTTA: $225 per class Up from $200 per class
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
There is still no fee for a first request.
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