U.S. Trademark fees increase on January 14

Originally published by Andrea Shannon (US).

On January 14, 2017, the U.S. Patent & Trademark Office (USPTO) will implement a number of fee increases for trademark applications and other trademark filings. A full schedule of the fee changes is available on the USPTO’s website.

As we previously reported, the USPTO proposed most of these fee changes last summer with a period for public comment. The USPTO has said the fee increases will be used to cover rising processing costs, citing the unprecedented 500,000 class filings the USPTO received in 2015, in addition to various upgrades to the USPTO’s IT systems.

The new fee schedule will primarily impact trademark applicants and registration owners who use paper filings. The fees for more than 30 types of paper filings will increase on January 14, 2017, including the cost for filing a paper trademark application, which will go up from $375 to $600, per class.

Electronic filers should note, however, that the fee for an application filed through the Trademark Electronic Application System (TEAS) will also increase from $325 to $400. The fees for TEAS Reduced Fee ($225) and TEAS Plus applications ($275) will remain the same, so long as the applicant meets the various filing requirements.

The filing fees for Section 8 and 71 affidavits (declarations and specimens of use) will increase from $100 to $125, but filing a request for an extension of time to file a Statement of Use will decrease from $150 to $125 for intent-to-use applicants.

At the Trademark Trial and Appeal Board, changes to note include a $100 increase for filing a Petition to Cancel, a Notice of Opposition, or an Ex Parte Appeal. Additionally, filing a request for a 90-day extension of time to oppose an application will now carry a $100 filing fee. Filing a subsequent 60-day extension request with the applicant’s consent will be an additional $200.

With these new changes going into effect soon, brand owners might consider reviewing any upcoming maintenance deadlines and filing Section 8 affidavits for registrations that are currently in the statutory filing period. Potential applicants may wish to consider filing applications on an intent-to-use basis or looking into the TEAS Plus filing requirements to avoid the rising paper fee, and would-be opponents may wish to proceed with filing an extension request or a notice of opposition before the new filing fees go into effect.

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