On January 2, 2021, the USPTO’s new trademark filing fees went into effect, applicable to trademark application prosecution matters, as well as proceedings before the Trademark Trial and Appeal Board. See prior post, entitled “USPTO Issues Notice of Proposed Rulemaking on Revised Trademark Filing Fees,” Privacy and IP Law Blog (June 19, 2020).
Among the notable changes (for electronic filing only*) are the following:
Application Filing Fees
| Description | Prior Fees | New Fees (eff. Jan. 2, 2021) |
| TEAS Standard Application, per class | $ 275 | $ 350 |
| TEAS Plus Application (37 C.F.R. §2.22), per class | $ 225 | $ 250 |
| Application under the Madrid Protocol [15 U.S.C. § 1141f, or “Section 66(a) of the Act”], per class | $ 400 | $ 500 |
Maintenance Filing Fees
| Description | Prior Fees | New Fees (eff. Jan. 2, 2021) |
| § 8 or § 71 declaration (through TEAS), per class | $ 125 | $ 225 |
| [NEW] Deleting Goods or Services [or classes] from a registration after submitting a § 8 or § 71 declaration, but before the declaration has been accepted [filing through TEAS, per class] | N/A | $ 250 |
| [NEW] § 7 amendment before filing a § 8 or § 71 declaration, and only deleting goods, services or classes | N/A | $ 0 fee |
| § 7 Amendment (at any time – for any reason other than simply deleting goods or services or classes) | $ 100 | $ 100 |
Trademark Trial and Appeal Board Fees
| Description | Prior Fees | New Fees (eff. Jan. 2, 2021) |
| Initial 30-day Request for Extension of Time to File a Notice of Opposition, through ESTAA, per class | $ 0 | $ 0 |
| Initial 90-day or the Second 60-day Request for Extension of Time to File a Notice of Opposition, through ESTAA, per class | $ 100 | $ 200 |
| Final 60-day Request for Extension of Time to File a Notice of Opposition, through ESTAA, per class | $ 200 | $ 400 |
| Notice of Opposition through ESTTA, per class | $ 400 | $ 600 |
| Petition for Cancellation through ESTTA, per class | $ 400 | $ 600 |
| Ex Parte Appeal to the TTAB through ESTTA, per class | $ 200 | $ 225 |
| [NEW] Filing a Brief in an Ex Parte Appeal to the TTAB through ESTTA, per class | N/A | $ 200 |
| [NEW] Initial Request for Extension of Time to File an Appeal Brief in ex parte appeal cases, per class | N/A | $ 0 |
| [NEW] Second and Subsequent Requests for Extension of Time to File an Appeal Brief in ex parte appeal cases, per class | N/A | $200 |
| [NEW] Requests for oral hearings, per proceeding | N/A | $ 500 |
Miscellaneous Fees
| Description | Prior Fees | New Fees (eff. Jan. 2, 2021) |
| Petition to the Director under 37 C.F.R. § 2.146 or § 2.147 | $ 100 | $ 250 |
| [NEW] Petition to the Director under 37 C.F.R. § 2.66 (to revive an abandoned application) | N/A | $ 150 |
| [NEW] Letter of Protest under 37 C.F.R. § 2.149, per subject application | N/A | $ 50 |
* Technically, there are still fees posted for paper filings, but given that the USPTO now mandates electronic filing in all instances (see prior posts), there will only be very narrow instances where these might apply. In the interests of brevity for purposes of this post, we have omitted the paper-filing fees in the charts above. If these are relevant to your situation, you can find the comparison here: https://www.uspto.gov/sites/default/files/documents/Trademark-Fees-Current-Final-Unit-Cost-2020.xlsx.
Note also that the list above is not a comprehensive recitation of all of the applicable filing fees for trademark filings with the USPTO or proceedings before the Trademark Trial and Appeal Board. For a complete list, see the USPTO’s Current Trademark Fee Table.
Sources for Additional Information:
- USPTO’s Current Fee Table: https://www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule#Trademark%20Fees
- USPTO’s Explanation of Key Fee Changes: https://www.uspto.gov/trademark/laws-regulations/updated-trademark-ttab-fees-processes
- USPTO’s trademark fee summary pages: https://www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting#tmfee-info
- USPTO’s fee table comparing previous fees to the current (post 1/2/2021) fees: https://www.uspto.gov/sites/default/files/documents/Trademark-Fees-Current-Final-Unit-Cost-2020.xlsx