USPTO Trademark Fees Are About To Skyrocket


I just got an email from US Trademarks Office
USPTO. It looks like their trademarking fees are
going to skyrocket shortly. In this video, I’m going to walk you through
all the plan increases. And there’s a lot of them. If you’ve been procrastinating on filing your
trademark applications in the US, now is the time to do it. It’s only gonna cost you more soon. Okay, so here’s what USPTO says, “As part
of the USPTO continued commitment to physical, responsibility, financial prudence, and operational
efficiency, the agency reviews fee levels on at least a biennial basis. The fee review process incorporates a thorough
evaluation of the existing fees schedule as well as significant research and analysis
on potential revisions to the schedule. On August 29, 2019, the director of USPTO
notified the trademark public advisory committee of the office’s intent to set or adjust trademark-related
fees and submitted a preliminary trademark fee proposal with supporting materials. USPTO is exercising its fee-setting authority
to set and adjust trademark fees to recover the aggregate estimated cost of the trademark
operation, IP policy and USPTO administrative services that support trademark operations. USPTO needs to increase fees impart to support
critical IT projects necessary to solve challenges facing the office and to address impact of
increases in filing ang costs necessary to support trademark operations and the trademark
trial and appeal board.” Okay, so here are the changes: Application
filing fees are going up. If you’re filing on Paper, then instead
of $600 per class, you’ll pay $750 per class. This is a 25% increase amounting to $150. If you’re filing using TEAS Regular, then
instead of $400 per class, you’ll pay $500 per class. This is a 25% increase amounting to $100. TEAS Regular in simplified terms means you’re
filing your application electronically but most follow-up communication is conducted
on Paper. And that’s getting pretty rare today. If you’re filing using TEAS Reduced, which
is the most common form of filing today, then instead of $275 per class, you’ll pay $350
per class. This is a 27% increase amounting to $75. With TEAS Reduced, you file electronically
and communicate with USPTO electronically. And you have the freedom of using free-formed
text when listing your goods and services in the application. And finally, if you’re filing using TEAS
Plus, then instead of $225 per class, you’ll pay $250 per class. This is only an 11% increase amounting to
$25. TEAS Plus limits your choice of goods and
services to those already listed in the trademark manual that USPTO uses. It is good for some cases but often insufficient
to reflect brand owner specific needs which are why TEAS Reduced is often used. Now, the fees for maintaining your registration
will go up a well. To file a Statement of Use in Paper, under
section 8 of the Act, you’ll pay $325 per class instead of $225 per class which is a
44% increase amounting to $100. To file a Statement of Use electronically,
you’ll pay $225 per class instead of $125 per class which is an 80% increase amounting
to $100. Now you will see the same increases for filing
a Statement of Use under the Madrid Protocol under Section 1. To file a Declaration of Incontestability
under Section 15 on Paper, you’ll pay $325 per class instead of $300 per class which
is an 8% increase amounting to $25. To file a Declaration of Incontestability
electronically, you’ll pay $225 per class instead of $200 per class which is a 13% increase
amounting to $25. Cancellations and Opposition are also gonna
be a lot more expensive than before. To file a Petition to Cancel on Paper, you’ll
pay $700 per class instead of $500 per class which is a 40% increase amounting to $200. And to file a Petition to Cancel electronically,
you’ll pay $600 per class instead of $400 per class which is a 50% increase amounting
to $200. To file a Notice of Opposition on Paper, you’ll
pay $700 per class instead of $500 per class which is a 40% increase amounting to an extra
$200. To file a Notice of Opposition electronically,
you’ll pay $600 per class instead of $400 per class which is a 50% increase amounting
to an extra $200. To file an Ex Parte Appeal to the Trademark
Trial and Appeal Board on Paper, you’ll pay $500 per class instead of $300 per class
which is a 67% increase amounting to an extra $200. To file an Ex Parte Appeal to the Trademark
Trial and Appeal Board electronically, you’ll pay $400 per class instead of $200 per class
which is a 100% increase amounting to $200. To request an Extention of Time to file a
Notice of Opposition which happens all the time, so to Request for Extention of Time
in Paper, for initial 90 days will cost you $500 per class instead of $300 per class which
is a 67% increase amounting to $200. And to request an Extention of Time to file
a Notice of Opposition electronically for the initial 90 days will cost you $400 per
class instead of $200 per class which is a 100% increase amounting to $200. To request an Extention of Time to file a
Notice of Opposition on Paper beyond the initial 90 days will cost you $400 per class instead
of $200 per class which is a 100% increase amounting to an extra $200. They’re doubling it. To request an Extention of Time to file a
Notice of Opposition electronically beyond the initial 90 days will cost you $200 per
class instead of $100 per class which is also a 100% increase amounting to an extra $100. And finally, your fees for Petitioning to
the Director are going up. To file a Petition to the Director on Paper,
you’ll pay $350 instead of $200 per class which is a 75% increase amounting to $150. And as a cherry on top, to file a Petition
to the Director electronically, you’ll pay $250 instead of $100 which is a 150% increase
amounting to an extra $150. So there you have it. We don’t know whether these new fees are
going to be adapted and when but in all likelihood they will be adapted by August of 2020. Just to be clear, even with the increase of
government fees for filing your trademarks in the US, securing your brand is still gonna
give you the highest possible return on investment if your business takes off and becomes truly
successful. Having the first one to tell you that your
brand protection strategy should never be based on the opportunity to save a few hundred
dollars here and there. This is how we can lose your brand. What I am saying is that, if you have been
putting off trademarking of your brand in the near future, now is the best time to do
it. If you have a brand you’re thinking of trademarking,
I suggest you get on a call with one of our strategy advisors. They’ll help you get the process started. Just go to trademarkfactory.com and book your
call through there.

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3 thoughts on “USPTO Trademark Fees Are About To Skyrocket

  1. Yup, they already require a US attorney now for any foreign application.. was doing the whole application on my own and now another $200 lawyer fee alone just to agree to appoint them to my application.

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