The per class filing fee for a Section 8 Affidavit is increasing from $125 to $225. In this situation, all of the goods, services, or classes not included in the declaration would be deleted from the registration.Charging this fee for deletions made between the filing and acceptance of the section 8 or section 71 declaration will improve the integrity of the register by encouraging registrants to: You can delete goods or services at any time by filing a section 7 request. Notice of Opposition Costs and Fees The government filing fee for a Notice of Opposition is $600 per class. Jack Daniels And Amici Ask The U.S. Supreme Court To Overturn The Ninth Circuit, New Stimulus Bill Creates Small Claims Copyright Court, The Concept Of "Built-In Apportionment" Can Be Used To Assume The Negotiators To A License Arrived At The Value Of The Asserted Patent, Year In Review: The Most Popular IP Posts Of 2020, PTAB's Decision To Institute CBM Review Not Reviewable By Federal Circuit, International Trade and National Security, Believe It Or Not – COVID-19 Can Injure Your Trade Secrets And Cause An Outbreak Of Misappropriation Claims Against You: A Two Part Series, Techniques To Minimize Corporate Burdens When Collecting Data From Modern IT Systems And Employee Personal Devices, © Mondaq® Ltd 1994 - 2021. The TPAC considered the public comments from this hearing, which were made available on the USPTO website. The USPTO is currently improving our content to better serve you. Determine sooner the goods, services, or classes in the registration for which their registered trademark is no longer in use. Certain fees associated with proceedings before the TTAB will also increase. To learn how this law will affect you, visit our page on the USPTO website. 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). Fees for certain Trademark and TTAB filings that are permitted to be submitted on paper have increased to help offset their higher processing costs. Fees to Trademarks Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries. These procedures include modifications to our current practice in the Trademark Manual of Examining Procedure §§ 1715-1715.06 that encourage appropriate submissions to help us determine whether the submitted evidence supports a ground for refusal. Responses to the comments are included in the Final Rule. The sooner we’re notified about nonuse of a trademark for goods or services, the sooner we can update the registration. Pay a $50 fee per letter of protest. The fee for a Petition to revive an … The United States Patent & Trademark Office has enacted a Final Rule that will increase the fees for filing trademark applications, maintaining trademark registrations and filing oppositions and cancellations before the Trademark Trial and Appeal Board, effective January 2, 2021. File a trademark application and other documents online through TEAS. Please note this is not a complete list of all the fees being changed, particularly for the TTAB. If a potential opposer files the same extension of time that requires a fee more than once due to USPTO technical problems (e.g., USPTO Finance Manager was down or delayed in updating records), can we refund the extra fee paid? Requirement for U.S.-licensed attorney: change in federal trademark regulations will require foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to hire a U.S.-licensed attorney to represent them at the USPTO. New fees would be introduced in connection with the filing for certain extensions of time to oppose. The United States Patent and Trademark Office (USPTO) has instituted a new set of e-filing trademark filing fees that will take effect January 2, 2021. 1. $200 per application. 2. However, if your filing requires a fee, please have your USPTO deposit account or other accepted payment methods available to pay online. USPTO - United States Patent and Trademark Office, Summary of FY 2021 Final Trademark Fee Rule, Madrid Protocol & international protection, Checking application status & viewing documents, Checking registration status & viewing documents, Enforcing your trademark rights/trademark litigation, International intergovernmental organizations, Transferring ownership / Assignments help. TTAB Fees Similarly, the PTO will be increasing a number of fees relating to TTAB actions. TTABlogger comment:  Is For other assistance, please see our contact us page. © Mondaq® Ltd 1994 - 2021. The new fee for filing a Petition to the Director is $250. Read below about, Petition to the Director filed through TEAS: $250, Petition to revive an abandoned application filed through TEAS: $150, Petition to cancel filed through ESTTA: $600 per class, Notice of opposition filed through ESTTA: $600 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. Ultimately, the goal of the USPTO is to ensure not only that businesses and entrepreneurs can weather the economic downturn, but also that they can hit the ground running as it passes. Final 60-day extension request for filing a notice of opposition, filed through ESTTA. 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). Specialist advice should be sought (There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA). Enter applicable search terms below. TTAB fees 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 The United States Patent and Trademark Office (USPTO) set and adjusted 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. We charge a fee if a request to delete goods, services, or classes from a registration is filed after a section 8 or section 71 declaration is filed but before it’s accepted. International filing fee (first 30 pages - filed electronically without ePCT or … There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA. on January 2, 2020. application), Final 60-day extension request for filing a notice of opposition The TTAB can recover a more substantial percentage of its operating costs, thereby reducing the subsidization of TTAB operations, while still keeping TTAB filing fees low as a portion of the overall cost of litigation by attaching fees here. Submit no more than 10 items of evidence or 75 total pages, absent special circumstances. Check trademark application status and view all documents associated with an application/registration. New TTAB fees are also taking effect. All Rights Reserved. We don’t charge a fee if the request is filed before a section 8 or section 71 declaration is filed. Section 8 or 71 Declaration of Use (per class), Deletion of goods and/or services from a registration after The US Patent and Trademark Office (USPTO) has announced it will increase certain trademark fees, including trademark filings and Trademark Trial and Appeal Board (TTAB) filing fees, from January 2021. Some of the requirements state that you must: These requirements encourage the filing of timely, relevant, and well-supported letters of protest, which ultimately strengthen the integrity of the register. See the Final Rule for all changes. below are some of the more important fee changes, including several The only question in any decision is whether a trademark can be protected. The TTAB hears two types of proceedings; trials in inter partes matters (oppositions, cancellations, and concurrent use proceedings), and ex parte appeals from an examining attorney's refusal to register a mark. the Board trying to discourage oral hearings? If the section 8 or section 71 declaration doesn’t specify all of the goods, services, or classes listed in the registration, we don’t charge an additional fee—you only pay the filing fee for the section 8 or section 71 declaration. $100 per application. If you have any questions, contact the TTAB Assistance Center during normal business hours by telephone at 571-272-8500 or email TTABInfo@uspto.gov(link sends e … found  Notice of Opposition Proceedings After a Notice of Opposition is filed, the trademark applicant has 40 days to defend the is accepted, Petition to revive an abandoned application, Initial 90-day extension request for filing a notice of The U.S. Patent and Trademarks Office (USPTO) will also introduce new fees for deleting goods, services or classes from a registration after filing … Visit the current trademark. TTAB fees: The Office proposes to set or adjust 16 TTAB-related fees: 10 fees would be increased for initiating a proceeding, and six new filing fees would be established. The Changes in TTAB fees are as follows: Petition to cancel filed through File a patent application online with EFS-web, Try the beta replacement for EFS-Web, Private PAIR and Public PAIR, Check patent application status with public PAIR and private PAIR, Pay maintenance fees and learn more about filing fees and other payments, Resolve disputes regarding patents with PTAB. The U.S. Patent and Trademark Office on Tuesday published a Final Rule setting new fees for trademark filings and Trademark Trial and Appeal Board (TTAB) proceedings, which will be … All Rights Reserved. new fees. Mondaq uses cookies on this website. A first extension of time for 30-days will not require a fee. Initial 90-day extension request for filing a notice of opposition, or secion 60-day extension request for filing a notice of opposition, filed through ESTTA. $200 per application. TTAB Fees Notice of Opposition (per class) $400 $600 Petition for Cancellation (per class) $400 $600 Initial 90-day extension request for filing a notice of opposition, or second 60-day extension request (per application) $100 $200 Delete those goods, services, or classes from the registration before filing or within their section 8 or 71 declaration. The fee for filing a standard electronic application using the TEAS system will increase from $275 to $350 per class TEAS Plus applications will increase from $225 to $250 (applications which restrict applicant’s language options for describing goods and services) The content of this article is intended to provide a general Have a comment about the web page you were viewing? The overall strategy of the Final Rule is to balance a reasonable and affordable fee schedule with sufficient multi-year revenue to recover the aggregate costs of maintaining the USPTO’s trademark-related operations and accomplishing the USPTO’s trademark-related strategic goals.The Final Rule enables the USPTO to continue to enhance the quality of trademark examination, achieve optimal examination times, invest in modernizing trademark information technology systems and infrastructure, and provide stability to USPTO operations, even in times of financial fluctuations. This represents the end of a multi-year review and adjustment process. Trademark Manual of Examining Procedure §§ 1715-1715.06, Processing fee for failing to meet TEAS Plus requirements: $100 per class, Section 8 or 71 declaration filed through TEAS: $225 per class, There is no fee if you electronically file a section 7 request to amend your registration before submitting a section 8 or 71 declaration and only delete goods, services, and/or classes in the request (otherwise, the current fee for filing a section 7 request through TEAS is $100). See the Final Rule for these changes. New TTAB fees are also taking effect. One of the … To see a complete list of TTAB Fees, select the current Fee Schedule from the USPTO Fees page, then scroll to Trademark Processing Fees 6401/7401. Final 60-day extension request for filing a notice of opposition, filed through ESTTA: $400 per application, Ex parte appeal filed through ESTTA: $225 per class. TTAB Filing The TTAB requires submissions to We would like to know what you found helpful about this page. Moreover, TTAB proceedings do not involve monetary damages or awards for attorneys’ fees and costs. The changes include increases in trademark application filing fees, post-registration fees, petition fees, a NEW letter of protest fee, and TTAB fees. The Trademark Modernization Act of 2020 ("TMA") — signed into law by President Trump on December 27, 2020 as part of the COVID-19 relief and government funding package... On Dec. 27, 2020, President Trump signed the Trademark Modernization Act (TMA) as part of a bill containing billions in pandemic relief. that a new fee schedule for trademark matters takes effect Learn about our current legislative initiatives. The USPTO has implemented partial refunds for petitions to cancel in default judgments if the cancellation involves only a nonuse or abandonment claim, the defendant didn’t appear, and there were no filings other than the petition to cancel. Coronavirus Relief Legislation Creates Substantial Changes To Copyright And Trademark Law, COVID-19 Relief Bill Creates New Small Claims Copyright Board, Stronger Criminal Penalties For Illicit Streaming, IP Gets Modernization "Stimulus" In New Consolidated Appropriations Act, 2021, The Trademark Modernization Act Of 2020 Provides Significant Benefits To Trademark Owners, Significant Changes To Trademark Law Passed In Pandemic Relief Bill, Are Commercial Parody Dog Toys Subject To The Heightened Rogers Test, And Do They Qualify As Non-Commercial Works Under The Trademark Dilution Revision Act? 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 TTAB would also obtain discretion to grant a refund of a Can you describe the problem? Contact TMPolicy@uspto.gov with questions. (per application), Appeal Brief in ex parte appeal (per class). On October 31, 2019, the TPAC provided a written report  setting forth the comments, advice, and recommendations of the public and the committee regarding the proposed fees. The USPTO received and considered comments from the public. You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. The USPTO made adjustments based on all of these considerations, consistent with the USPTO’s many other efforts to provide various types of relief to stakeholders, including certain deadline extensions and fee waivers. guide to the subject matter. POPULAR ARTICLES ON: Intellectual Property from United States. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. The USPTO considered and analyzed all comments, advice, and recommendations received from the TPAC and then, on June 19, 2020, published a Notice of Proposed Rulemaking regarding setting and adjusting Trademark fees. By using our website you agree to our use of cookies as set out in our Privacy Policy. The result is higher fees for organizations filing for federal trademark registration. A $100 fee per application will apply for a second request for an extension of time to file an appeal brief in an ex parte appeal filed through ESTTA (and for any subsequent extension requests). about your specific circumstances. These procedures went into effect January 2, 2021. Consistent with federal fee-setting standards, in December 2018, the USPTO began its biennial review of fees, costs, and revenues, and found that fee adjustments were necessary to address increasing costs and to provide necessary resources for Trademark operations, including implementing the USPTO 2018-2022 Strategic Plan. We may have questions about your feedback, please provide your email address. A $100 fee per application will apply for a second request for an extension of time to file an appeal brief in an … why we implemented a fee for certain requests to delete goods, services, and/or classes. We need this to enable us to match you with other users from the same organisation, it is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. This helps ensure everyone is accessing the most accurate and up-to-date information about registered trademarks when they search the trademark register. (There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA). Filing fees Most inter partes filings do not require a fee. Read comments and post your comment  The main changes are shown below. Additional notes on TTAB fees: The USPTO is implementing partial refunds ($200 refund per class) for petitions to cancel in default judgments if the cancellation involves only a nonuse or abandonment claim, the defendant did not appear in the proceeding (i.e., the party did not file an answer to the petition), and there were no filings other than the petition to cancel. into law by President Trump on December 27th, let's not forget Increased Fees for Other TTAB Filings – the TTAB will charge increased fees for the following filings, which, as discussed below, must be paid … Back to Articles T & C Find out how to protect intellectual property in other countries. In September 2019, the Trademark Public Advisory Committee (TPAC) held a public hearing in Alexandria, Virginia, inviting members of the public to submit written and/or oral comments on fee adjustments. opposition, or second 60-day extension request (per How does this affect my business? As a courtesy, we have created a condensed version of the new fee chart that highlights these changes, but you can also see the full updates here . Search recorded assignment and record ownership changes. Set out in the table The fee will help us to recover a portion of our processing costs without placing an undue burden on third-party filers. Other TTAB-related resources are available on the TTAB page, including Frequently Asked Questions and information about what filing fees are required. While we focus on the Trademark Modernizaton Act of 2020, signed here. US Trademark Filing Fees: Trademark Electronic Application System (TEAS) Standard fee will increase from US$275 to US$350 per class; and TEAS … Inter partes In August 2019, the USPTO published a Federal Register notice to announce plans to exercise its fee-setting authority to set or adjust Trademark fees. More recently, the USPTO also considered the state of the U.S. economy, the operational needs of the agency, and the comments and advice received from the public in determining when to implement the Final Rule. There is still no fee for a first request. Using TTABVUE, you can view a TTAB proceeding file by entering the proceeding number, or search for proceedings by application number, registration number, mark, party, correspondent. submitting a Section 8 or 71 declaration but before the declaration Please visit the TTAB Outage Page for information concerning Trademark Trial and Appeal Board (TTAB) alternative filing methods. The USPTO's summary of the fee changes may be For example: Fees for electronically filing a petition to cancel or a notice of opposition will increase to $600 per class – up from $400 per class. In addition to adjusting fees, we’ve codified the procedures for letters of protest. To print this article, all you need is to be registered or login on Mondaq.com. Find upcoming programs related to IP policy and international affairs. A potential opposer must pay $100 for a subsequent 60-day extension of time, if filed electronically. After a multi-year review and adjustment process, fees for the United States Patent and Trademark Office (USPTO) and the Trademark Trial and Appeal Board (TTAB) will be reset and adjusted, effective January 2, 2021. More quickly comply with statutory requirements regarding claims of use. The per class filing fee for TEAS Plus applications is increasing from $225 to $250. The main changes are shown below, see the Final Rule for more information and details. 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