On November 16, 2020 the United States Patent and Trademark Office (USPTO) issued a Final Rule setting and adjusting trademark filing and Trademark Trial and Appeal Board (TTAB) fees for the first time since January 2017. The new fee schedule will take effect on January 2, 2021.
Notable new USPTO fees and fee increases are outlined below. Most significant are the increases in filing fees for new applications, notices of opposition, and cancellations, as well as a new fee for deleting goods or services in a registration after a Section 8 or 71 Declaration has been filed. Leydig encourages clients who are interested in filing new trademark applications to consider doing so prior to January 2, 2021 to avoid the increased USPTO fees.
Notable New USPTO Fees
| Action | New USPTO Fee |
| Deletion of goods or services after filing a Section 8 or 71 Declaration, but before
acceptance (including after a Post Registration Audit issues): |
$250 per class |
| Filing a Letter of Protest: | $50 per letter |
| Filing an appeal brief in an ex parte appeal: | $200 per class |
| Requesting an oral hearing in a TTAB proceeding: | $500 |
Notable USPTO Fee Increases
| Action | Old USPTO Fee | Increased USPTO Fee |
| Filing an Application through TEAS (standard): | $275 per class | $350 per class |
| Filing a Section 8 or 71 Declaration: | $125 per class | $225 per class |
| Filing a Petition to the Director: | $100 per mark | $250 per mark |
| Filing a Petition to Revive: | $100 per mark | $150 per mark |
| Filing a Petition to Cancel: | $400 per class | $600 per class |
| Filing a Notice of Opposition: | $400 per class | $600 per class |
| Filing an Initial 90 Day Extension Request To Oppose or Second 60 Day Request to Oppose: | $100 per mark | $200 per mark |
| Filing a Final 60-Day Extension Request to Oppose (no fee for 30 day extensions): | $200 per mark | $400 per mark |
| Filing an ex parte appeal through ESTTA: | $200 per class | $225 per class |