It’s settled! The price of US trademarks will increase and will be officially implemented on January 2 next year!

It’s settled! The price of US trademarks will increase and will be officially implemented on January 2 next year!

Since June this year, the news of the price increase of US trademarks has been circulating. But before that, only the fees for US patents increased.


According to the latest news, on November 17 , the United States Patent and Trademark Office ( USPTO ) announced its decision to adjust the fee standards , and the new fee standards will take effect on January 2, 2021 .

 

It is reported that this is the first time that the US Trademark Office has raised its fee standards in the past three years. The main application items are:


1. Application filing

2. Affidavits under section 8 and 71

3. Petitions to the Director

4. TTAB opposition, appeal and trial proceedings

The fees for trademark applications have been adjusted as follows:

➤Application Fee:


➤Swearing Fees:


➤ Petition Fees:


➤Revocation and objection:


➤Reconsideration Fees:

For more information about the USPTO fee increase, please visit the USPTO website (https://www.uspto.gov).






The impact of the increase in US trademark fees on sellers


1. The US trademark official fee has increased significantly this time, with the lowest increase rate being 11% . Cross-border sellers who have applied for US trademarks should prepare in advance and hurry up to apply for registration before January 2 , 2021 !



2. Before this fee adjustment, customers could delete unused goods / services without paying any official fees, but after the adjustment, deleting goods / services may incur official fees. That is, if customers submit the 5th-6th year or 9th-10th year use declaration, they can continue to submit applications to delete goods / services without paying any official fees (note that the application can only involve deletion, if other content is involved, fees will still be incurred).


3. The fees of the entire process (including petition, revocation, objection, reconsideration, etc.) have increased to varying degrees, and the cost of maintaining the American standard has increased significantly. Sellers should be more cautious in choosing, comprehensively considering, and planning in advance when applying for the American standard to avoid unnecessary losses.






Amazon strictly checks these certifications


In addition to the price increase for American standards, Amazon has recently begun to strictly check product compliance certifications such as CE certification, European Standards Agency, and packaging law, and more and more non-compliant products have been removed from the shelves.


All signs indicate that product safety compliance/certification has become a new necessity for European sellers. Here is a summary of the relevant certifications in the EU and the UK:


What is CE certification


CE certification is a mandatory product safety certification implemented by EU countries. Most domestic e-commerce products exported to the EU need to be CE marked, such as all products that are powered, including power supplies, lamps, home appliances, electronics, communications, wireless, machinery, etc., as well as toys, personal protection, medical equipment and other categories of products. So, if your product belongs to the above products, you must remember to get the CE mark.



UKCA logo


According to the announcement of the British government on September 1, the UKCA mark will be officially put into use from January 1, 2021. For most products, the CE mark will no longer be used as an entry mark for the UK market after January 1, 2022. All relevant products must comply with the British national standards starting with "BS".


UKCA mark mandatory use period:

From January 1, 2021, manufacturers will need to immediately apply the new UKCA mark to goods sold in the UK. The UK government encourages manufacturers to prepare in advance to use the UKCA mark as soon as possible before this date.


Transition period from CE mark to UKCA mark:

In order to give companies time to adapt to the new requirements before January 1, 2022, in most cases, manufacturers can still use the CE mark.

The conditions for using the new UKCA mark immediately after 1 January 2021 are as follows:


Products placed on the UK market

Products protected by UKCA marking laws

Products requiring mandatory third-party conformity assessment

The conformity assessment of the product is carried out by a UK conformity assessment body (any body in the UK, an accredited third party organisation or a user inspection body – collectively referred to as a UK accredited body).  


New UKCA logo exemptions:


It does not apply to existing stock, i.e. goods that have been fully manufactured and ready to be placed on the market before 1 January 2021. In this case, goods with the CE mark can still be sold in the UK, even if a certificate of conformity issued by a UK body is required.


Responsibilities of the European Representative/Compliance Officer


In order to ensure that the above-mentioned CE Marking requirements are met, EU law also requires manufacturers outside the EU to designate an EU Authorized Representative within the EU. It should be noted that as long as your product needs to be CE marked, you must find such an EU Authorized Representative.

The main responsibilities of the EU Authorized Representative are:

✦The packaging, labels and instructions of products with CE marking imported from outside the EU

✦When products of exporters outside the EU encounter any problems in customs clearance, the EU representative will help communicate with the customs and solve the problems


The responsibilities of an EU Authorized Representative include:

The services provided by EU Authorized Representative include:



Germany's new packaging law


What is German Packaging Law?


The new German packaging law is a legally mandatory law that forces manufacturers or sellers to include packaging when selling products for the first time, including external packaging, final retail packaging, disposable containers/containers used in the catering industry, and transportation packaging materials. Companies need to register and obtain licenses. The packaging law forces sellers to declare the type and weight of the packaging materials sold.


Under what circumstances is registration required?



Whether you are a manufacturer, importer, distributor, or online retailer, if you are putting packaging materials on the market for the first time, you are obliged to register.


Waiver of fees and penalties



Exemption from charges: glass not exceeding 80 tons, paper not exceeding 50 tons, or other packaging materials not exceeding 30 tons

Related penalties:

1. Failure to register in time may result in a fine of up to 100,000 Euros

2. If the company does not participate in the system, the maximum fine is 200,000 euros


Amazon is now focusing on strict inspections on product safety and compliance, so sellers should still pay attention to this to avoid having their products removed from the shelves and affecting store operations.


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