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. why we implemented a fee for certain requests to delete goods, services, and/or classes. (There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA). The changes include increases in trademark application filing fees, post-registration fees, petition fees, a NEW letter of protest fee, and TTAB fees. 1. Enter applicable search terms below. here. File a trademark application and other documents online through TEAS. 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. There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA. Set out in the table See the Final Rule for these changes. (per application), Appeal Brief in ex parte appeal (per class). More quickly comply with statutory requirements regarding claims of use. Increased Fees for Other TTAB Filings – the TTAB will charge increased fees for the following filings, which, as discussed below, must be paid … guide to the subject matter. 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. found  The sooner we’re notified about nonuse of a trademark for goods or services, the sooner we can update the registration. TTAB Fees Similarly, the PTO will be increasing a number of fees relating to TTAB actions. A $100 fee per application will apply for a second request for an extension of time to file an appeal brief in an … 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). International filing fee (first 30 pages - filed electronically without ePCT or … 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. Please visit the TTAB Outage Page for information concerning Trademark Trial and Appeal Board (TTAB) alternative filing methods. 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. 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. Trademarks Comparative Guide for the jurisdiction of India, check out our comparative guides section to compare across multiple countries. Find out how to protect intellectual property in other countries. 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. Can you describe the problem? See the Final Rule for all changes. Check trademark application status and view all documents associated with an application/registration. 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. 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. 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. Final 60-day extension request for filing a notice of opposition, filed through ESTTA. The new fee for filing a Petition to the Director is $250. New TTAB fees are also taking effect. below are some of the more important fee changes, including several that a new fee schedule for trademark matters takes effect You’ll only need to do it once, and readership information is just for authors and is never sold to third parties. $200 per application. application), Final 60-day extension request for filing a notice of opposition All Rights Reserved. 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. 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. Notice of Opposition Proceedings After a Notice of Opposition is filed, the trademark applicant has 40 days to defend the $100 per application. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. How does this affect my business? A first extension of time for 30-days will not require a fee. 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 © Mondaq® Ltd 1994 - 2021. A potential opposer must pay $100 for a subsequent 60-day extension of time, if filed electronically. 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. The per class filing fee for a Section 8 Affidavit is increasing from $125 to $225. New TTAB fees are also taking effect. The U.S. Patent and Trademarks Office (USPTO) will also introduce new fees for deleting goods, services or classes from a registration after filing … 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 . 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 USPTO is currently improving our content to better serve you. here. Have a comment about the web page you were viewing? 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. While we focus on the Trademark Modernizaton Act of 2020, signed 2. Learn about our current legislative initiatives. Read comments and post your comment  Determine sooner the goods, services, or classes in the registration for which their registered trademark is no longer in use. TTAB Filing The TTAB requires submissions to Filing fees Most inter partes filings do not require a fee. 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. Fees to The Changes in TTAB fees are as follows: Petition to cancel filed through The main changes are shown below, see the Final Rule for more information and details. 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) This helps ensure everyone is accessing the most accurate and up-to-date information about registered trademarks when they search the trademark register. POPULAR ARTICLES ON: Intellectual Property from United States. TTABlogger comment:  Is 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. To learn how this law will affect you, visit our page on the USPTO website. (There is still no fee for a first 30-day extension request for filing a notice of opposition, filed through ESTTA). 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. 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. All Rights Reserved. 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. Section 8 or 71 Declaration of Use (per class), Deletion of goods and/or services from a registration after The result is higher fees for organizations filing for federal trademark registration. Fees for certain Trademark and TTAB filings that are permitted to be submitted on paper have increased to help offset their higher processing costs. The per class filing fee for TEAS Plus applications is increasing from $225 to $250. on January 2, 2020. into law by President Trump on December 27th, let's not forget Certain fees associated with proceedings before the TTAB will also increase. 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. $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 Notice of Opposition Costs and Fees The government filing fee for a Notice of Opposition is $600 per class. For other assistance, please see our contact us page. Please note this is not a complete list of all the fees being changed, particularly for the TTAB. Moreover, TTAB proceedings do not involve monetary damages or awards for attorneys’ fees and costs. New fees would be introduced in connection with the filing for certain extensions of time to oppose. 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. 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. new fees. The USPTO received and considered comments from the public. Find upcoming programs related to IP policy and international affairs. the Board trying to discourage oral hearings? submitting a Section 8 or 71 declaration but before the declaration Mondaq uses cookies on this website. 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. 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. In addition to adjusting fees, we’ve codified the procedures for letters of protest. 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. about your specific circumstances. The TPAC considered the public comments from this hearing, which were made available on the USPTO website. 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. 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. The main changes are shown below. 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. Search recorded assignment and record ownership changes. Contact TMPolicy@uspto.gov with questions. The USPTO's summary of the fee changes may be 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. One of the … 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 … The only question in any decision is whether a trademark can be protected. Pay a $50 fee per letter of protest. 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