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.

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TRANSCRIPT

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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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.

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