Last 30 days! US trademark prices are about to increase

Last 30 days! US trademark prices are about to increase

On June 19, 2020, the United States Patent and Trademark Office (USPTO) published a proposed rule and related notice of trademark fee increases.


The USPTO's goal in setting fees is to provide adequate financial resources to facilitate the efficient administration of the U.S. intellectual property system. The USPTO's trademark fee proposals are consistent with the strategic plan goals and policy objectives, and once effective, they will generate sufficient total revenue to meet the strategic operating expenses of the Trademark and Appeal Board (TTAB) in the future, including related administrative expenses. need.

1. New Application

content

Cost before adjustment (US$)

Adjusted cost (USD)

Paper Application/Class

600

750

TEAS Non-Standard Application/Class

275

350

TEAS Application Specifications/Classes

225

250

66(a) Application/Class

400

500

 

2. 5-6 years and 9-10 years of affidavit and use of evidence

content

Cost before adjustment (US$)

Adjusted cost (USD)

Paper submission using affidavit/class

225

325

TEAS Submit Affidavit Application/Class

125

225

After the oath of use is submitted and before the oath of use is reviewed and approved, submit an application/class to delete goods, services and/or categories by paper

0

350

Submit a request to remove goods, services and/or categories through TEAS after the Affidavit of Use has been submitted and before the Affidavit of Use has been reviewed and approved.

0

250

Submitting only an application/class to delete goods, services, and/or classes through TEAS before submitting the required affidavit of use

0

0

 

3. Request for reconsideration after the final review opinion is issued

content

Cost before adjustment (US$)

Adjusted cost (USD)

Within 3 months of the date of the final examination opinion, submit a request for reconsideration through TEAS.

0

0

Within 3 to 6 months after the final examination opinion is issued, submit a paper application for reconsideration/

0

500

Within 3 to 6 months after the final examination opinion is issued, submit an application for reconsideration through TEAS or ESTTA.

0

400

 

4. Revocation and opposition

content

Cost before adjustment (US$)

Adjusted cost (USD)

Withdrawal (paper)/class

500

700

Withdrawal of Advice (TEAS)/Class

400

600

Objection (paper)/type

500

700

TEAS/Class

400

600

5. Petition

content

Cost before adjustment (US$)

Adjusted cost (USD)

Paper application under S2.146 or S2.147

200

350

TEAS application under section S2.146 or S2.147

400

600

Paper applications under S2.66

0

250

TEAS Applications Under Section S2.66

0

150

 


Impact of the US trademark fee adjustment on sellers:

1. The cost of new U.S. trademark applications has increased, but the increase is lower and the impact is smaller if the application is submitted through TEAS regulations.


2. The official fees for the oath of use in the 5th-6th year and the 9th-10th year have increased, and the cost of maintaining the trademark has increased.


3. 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, before submitting the 5th-6th year or 9th-10th year use declaration, customers can continue to submit applications to delete goods/services without paying any official fees (note that the application can only involve deletion, and if other content is involved, fees will still be incurred). However, after submitting the 5th-6th year or 9th-10th year use declaration and before the review is passed, if the goods/services need to be deleted due to irregular use evidence or other reasons, official fees will be incurred. Therefore, it is recommended that customers choose goods/services carefully, and it is best to choose goods/services for which they can provide use evidence.


4. For the reconsideration application after the final review opinion is issued, no official fee is required before the adjustment. However, if the application is made within 3 months of the date of the final review opinion, the official fee can still be waived after the adjustment. However, if the application is made within 3-6 months of the date of the final review opinion, the official fee must be paid, and the fee is not low. Therefore, it is recommended that if the application is rejected only because of the use of evidence, the client should meet the examiner's requirements when replying to the first review opinion, that is, provide qualified use evidence. Otherwise, the subsequent reply fee will be high.


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