The United States Patent and Trademark Office (USPTO) is setting and adjusting Trademark and Trademark Trial and Appeal Board (TTAB) fees for the first time in nearly three years through its Final Rule, effective January 2, 2021 (here). A summary of the FY2021 Final Trademark Fee Rule may be found here. The changes include increases in trademark application filing fees, post-registration fees, petition fees, and TTAB fees, and a new fee for a letter of protest.

The Changes in TTAB fees are as follows:

  • Petition to cancel filed through ESTTA: $600 per class (Up from $400 per class).
  • Notice of opposition filed through ESTTA: $600 per class (Up from $400 per class).
  • Initial 90-day extension requests for filing a notice of opposition, or second 60-day extension requests for filing a notice of opposition, filed through ESTTA: $200 per application (Up from $100 per application). (There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA).
  • Final 60-day extension request for filing a notice of opposition, filed through ESTTA: $400 per application (Up from $200 per application).
  • Ex parte appeal filed through ESTTA: $225 per class (Up from $200 per class).
  • New fee for second, and subsequent, requests for an extension of time to file an appeal brief in an ex parte appeal filed through ESTTA: $100 per application (There is still no fee for a first request).
  • New fee for appeal briefs in an ex parte appeal filed through ESTTA: $200 per class.
  • New fee for requests for oral hearings: $500 per proceeding.

 

In addition, the USPTO is implementing partial refunds for petitions to cancel in default judgments if the cancellation involves only a nonuse or abandonment claim, the defendant did not appear, and there were no filings other than the petition to cancel.

Read comments and post your comment here.

TTABlogger comment: That should put a damper on oral hearings.

Text Copyright John L. Welch 2020.