Important Trademark News:  If you need a trademark, you may want to file before January 14, 2017.  USPTO fees are going up.

On January 14, 2017 the United States Patent and Trademark Office (“USPTO”) is increasing fees.  If you need to file a trademark you should probably file before January 14, 2017 to avoid certain fee increases.
The USPTO is implementing a major fee renovation in order to help the USPTO cover operational costs, since the USPTO is expecting their 2017 fiscal year budget to near $3 billion.  However, the fee increase will help the USPTO make more money so they can achieve their goals of increasing examination quality, promoting the efficiency of the trademark process through lower-cost electronic filing options, and increase international efforts to improve IP policy, protection and enforcement.  
The agency stated on Oct. 17th, “[t]his final rule will allow the [USPTO] to achieve the dual goals of furthering key policy considerations while continuing to recover prospective aggregate costs of operation.” The fees will not only help the USPTO cover administrative expenses and processing costs, but will also help the USPTO upgrade their IT system.  (Interesting tidbit about the USPTO.  The USPTO is a profit generator for the United States, meaning that the USPTO generates more money for the government than it spends in operating costs! It is also entirely fee-funded, meaning that unlike the rest of the federal government, taxes do not pay for the USPTO.)
Overall, the USPTO has increased fees for 42 different trademark filings.
Here are a few noteworthy changes:
  • Large increase from $375 to $600, per class, for paper applications.  The filing fee for paper applications is nearly doubling, to encourage more e-filing.
    • The majority of the fee increases are for paper filings, as paper filed trademark applications are much more time consuming than those electronically filed online.
    • LegalForce and Trademarkia already engage in e-filing, so this will not be a change for our clients.
  • $50.00 increase in Section 8 affidavits of use of a trademark filed through the Trademark Electronic Application System (“TEAS”).
  • $75.00 increase of an initial trademark application filed through the regular TEAS to $400 per trademark class of goods/ services.
    • This does not apply to TEAS RF or TEAS Plus applications, which will remain priced at $275 and $225 respectively.
  • New $100-$200 fee for electronically filing a request for an extension of time to file a notice of opposition, a filing which previously did not carry a fee.
Since the USPTO fee increase its rapidly approaching, it is best to be aware of the fees that are increasing.   Below is the change table provided by the USPTO.
Fee change table via the USPTO
Fees for Paper Filings
Description
Current Fee
Final Rule Fee
Change
Filing an Application on Paper, per Class
$375
$600
$225
Request to Divide an Application Filed on Paper, per New Application Created
$100
$200
$100
Additional Processing Fee under §2.22(c) or §2.23(c), per Class (paper)
$50
$125
$75
Filing an Application for Renewal of a Registration on Paper, per Class
$400
$500
$100
Additional Fee for Filing a Renewal Application During the Grace Period on Paper, per Class
$100
$200
$100
Correcting a Deficiency in a Renewal Application via Paper Filing
$100
$200
$100
Filing an Affidavit under §8 of the Act on Paper, per Class
$100
$225
$125
Additional Fee for Filing a §8 Affidavit During the Grace Period on Paper, per Class
$100
$200
$100
Correcting a Deficiency in a §8 Affidavit via Paper Filing
$100
$200
$100
Filing an Affidavit under §15 of the Act on Paper, per Class
$200
$300
$100
Filing to Publish a Mark under §12(c) on Paper, per Class
$100
$200
$100
Issuing New Certificate of Registration upon Request of Registrant, Request Filed on Paper
$100
$200
$100
Certificate of Correction of Registrant’s Error, Request Filed on Paper
$100
$200
$100
Filing a Disclaimer to a Registration, on Paper
$100
$200
$100
Filing an Amendment to a Registration, on Paper
$100
$200
$100
Filing an Amendment to Allege Use under §1(c) of the Act on Paper, per Class
$100
$200
$100
Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class
$100
$200
$100
Filing a Request under §1(d)(2) of the Act for a Six-Month Extension of Time for Filing a Statement of Use under §1(d)(1) of the Act on Paper, per Class
$150
$225
$75
Certifying an International Application Based on a Single Application or Registration, Filed on Paper, per Class
$100
$200
$100
Certifying an International Application Based on More Than One Basic Application or Registration Filed on Paper, per Class
$150
$250
$100
Transmitting a Request to Record an Assignment or Restriction, or Release of a Restriction, under §7.23 or §7.24 Filed on Paper
$100
$200
$100
Filing a Notice of Replacement under §7.28 on Paper, per Class
$100
$200
$100
Filing an Affidavit under §71 of the Act on Paper, per Class
$100
$225
$125
Surcharge for Filing an Affidavit under §71 of the Act During Grace Period on Paper, per Class
$100
$200
$100
Transmitting a Subsequent Designation under §7.21, Filed on Paper
$100
$200
$100
Correcting a Deficiency in a §71 Affidavit Filed on Paper
$100
$200
$100
Filing a Petition to Cancel on Paper, per Class
$300
$500
$200
Filing a Notice of Opposition on Paper, per Class
$300
$500
$200
Ex Parte Appeal to the Trademark Trial and Appeal Board Filed on Paper, per Class
$100
$300
$200
Filing a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(1)(ii) or (c)(2) on Paper, per Application
$200
n/a
Filing a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(3) on Paper, per Application
$300
n/a
Petitions to the Director Filed on Paper
$100
$200
$100

  • Fees for Electronic Filings
Description
Current Fee
Final Rule Fee
Change
Filing an Application through TEAS Regular, per Class
$325
$400
$75
Additional Processing Fee under §2.22(c) or §2.23(c), per Class (electronic)
$50
$125
$75
Filing an Affidavit under §8 of the Act through TEAS, per Class
$100
$125
$25
Filing an Affidavit under §71 of the Act through TEAS, per Class
$100
$125
$25
Filing a Request under §1(d)(2) of the Act for a Six-Month Extension of Time for Filing a Statement of Use under §1(d)(1) of the Act through TEAS, per Class
$150
$125
($25)
Filing a Petition to Cancel through ESTTA, per Class
$300
$400
$100
Filing a Notice of Opposition through ESTTA, per Class
$300
$400
$100
Ex Parte Appeal to the Trademark Trial and Appeal Board Filed through ESTTA, per Class
$100
$200
$100
Filing a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(1)(ii) or (c)(2) through ESTTA, per Application (Requests within the first 90 days after publication)
n/a
$100
n/a
Filing a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(3) through ESTTA, per Application (Requests within the period from 91-150 days after publication)
n/a
$200
n/a
  • Miscellaneous Services Fees
Description
Current Fee
Final Rule Fee
Change
Unspecified Other Services, Excluding Labor
At cost
n/a
n/a
Establish Deposit Account
$10
n/a
n/a
Self-Service Copy Charge, per Page Copishare Card
$0.25
n/a
n/a
Labor Charges for Services, per Hour or Fraction Thereof
$40
n/a
n/a
Additional Fee for Expedited Service
$160
n/a
Additional Fee for Overnight Delivery
$40
n/a

 

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