On January 2, 2021, significant changes that increase routine U.S. Patent and Trademark Office ("USPTO") filing fees and impact practice before the Trademark Trial and Appeal Board ("TTAB") will go into effect. These changes constitute the most sweeping modifications to TTAB fees since 2017, and reflect the USPTO's objectives of better aligning fees with costs, protecting the integrity of the trademark register, improving the efficiency of agency processes, and ensuring financial sustainability to facilitate trademark operations. This legal update highlights the most notable changes and includes a fee chart for filings made through USPTO's electronic database system ("ESTTA").

USPTO Fee Schedule Changes

The USPTO fee schedule will change as follows:

(Please note that these fees are for electronic filings; any filings made by paper have higher fee increases)

  • The per class filing fee for TEAS Standard applications is increasing from $275 to $350.
  • The per class filing fee for TEAS Plus applications is increasing from $225 to $250.
  • The per class filing fee for a Section 8 Affidavit is increasing from $125 to $225.
  • The new fee for filing a Petition to the Director is $250.
  • The fee for a Petition to revive an abandoned application is increasing from $100 to $125.
  • The per class fee for filing a notice of opposition or Petition to cancel is increasing from $400 to $600.
  • The per class fee for filing an ex parte  appeal is increasing from $200 to $225.
  • New fee for filing a second request for an extension of time to file an appeal brief of $100.
  • There is a new fee of $500 per proceeding for filing a request for an oral hearing before the TTAB.
  • There is a new fee of $50 for filing a letter of protest.
  • The fee for a Section 71 Affidavit is increasing from $125 to $225.
  • There is a new fee for deletion of goods, services, and/or classes after submission but prior to acceptance of Section 71 Affidavit of $250 per class.
  • The TTAB will provide a partial refund of the filing fee if a default judgment enters in a proceeding.
  • The per application fee for filing a request for an extension of time to file a notice of opposition under §2.102(c)(1)(ii) or (c)(2) is increasing from $100 to $200.
  • The per application fee for filing a request for an extension of time to file a notice of opposition under §2.102(c)(3) electronically is increasing from $200 to $400.

Changes to USPTO and TTAB Fees for Filings Made Electronically (Effective 1/2/2021)

Description

Current 

New

Change

Filing an Application through TEAS Regular, per Class

$400

$500

$100

Filing a TEAS Standard Application, per Class

$275       

$350      

$50

Filing a TEAS Plus Application, per Class

$225

$250     

$25

Additional Processing Fee under §2.22(c) or §2.23(c), per Class (electronic)

$125

$100

($25)

Filing an Affidavit under §8 of the Act through TEAS, per Class

$125

$225

$100

Filing an Affidavit under §71 of the Act through TEAS, per Class

$125

$225

$100

Filing a Petition to Cancel through ESTTA, per Class

$400

$600

$200

Filing a Notice of Opposition through ESTTA, per Class

$400

$600

$200

Ex Parte Appeal to the Trademark Trial and Appeal Board Filed through ESTTA, per Class

$200

$225

$25

Filing a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(1)(ii) or (c)(2) through ESTTA, per Application

$100

$200

$100

Filing a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(3) through ESTTA, per Application

$200

$400

$200

Filing a Petition to the Director

N/A        

$250       

N/A

Filing a Petition to revive an abandoned application

$100      

$125       

$25

Filing a second request for an extension of time to file an appeal brief

N/A      

$100

N/A

Filing an request for oral hearing before the TTAB                                    

N/A       

$500       

N/A

Filing a letter of protest 

N/A     

$50         

N/A

Deletion of goods, services, and/or classes after submission but prior to acceptance of Section 71 Affidavit, per Class

N/A        

$250     

N/A

Please contact your Pryor Cashman attorney for any additional questions surrounding developments at the TTAB or USPTO.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.