Interpretation of USPTO’s Trademark Fee Adjustment Plan

USPTO's Trademark Fee Adjustment Plan Interpretation

On May 8, 2023, the Director of the United States Patent and Trademark Office notified the Trademark Public Advisory Committee (TPAC) of the proposal to establish or adjust trademark-related fees. Once the proposal is passed, it is expected to be officially implemented in November 2024.

Timeline for proposal implementation:

Adjustment of basic application fees:

The application fee for each class (paper application) is raised from $750 to $850, an increase of 12%;

The basic application fee (TEAS Plus application) for each class is raised from $250 to $350, an increase of 40%.

Eliminate the official fees for failure to meet the TEAS Plus application requirements (both electronic and paper), and eliminate the TEAS Standard application option;

Add an official fee of $100 for each major class due to insufficient information requiring supplementation;

Add an official fee of $200 for each major class due to use of non-ID Manual goods/services descriptions (using free-text boxes);

Add a limit of 1,000 characters for each free-form description of minor classes, with an additional official fee of $200 for each major class exceeding 1,000 characters;

Adjust the Madrid application fees to be consistent with the official fees on the USPTO website;

Eliminate the application fees for each class of Madrid application and the subsequent designated application fees for each class;

Add a basic application fee of $350 for each class of Madrid application, a basic application fee of $350 for each subsequent designated application under each class, an information deficient fee of $100 for each class, an official fee of $200 for each class using a non-ID Manual goods/services description (using free-text boxes), and an additional official fee of $200 for each 1,000 characters exceeding the limit of 1,000 characters for each class.

****Adjustment of Application Fees:****

The fee for amending each category’s statement of use (paper application) has increased from $200 to $300, an increase of 50%;

The fee for amending each category’s statement of use has increased from $100 to $200, an increase of 100%;

The fee for each category’s intent-to-use application (paper application) has increased from $200 to $250, an increase of 25%;

The fee for each category’s intent-to-use application has increased from $100 to $150, an increase of 50%.

Requests for extension of time to submit evidence can be extended up to 6 times;

The fees for the first, second, and third requests to extend the deadline for submitting a statement of use (paper and electronic applications) remain unchanged;

The fee for the fourth and subsequent requests to extend the deadline for submitting a statement of use (paper application) has increased from $225 to $350, an increase of 56%;

The fee for the fourth and subsequent requests to extend the deadline for submitting a statement of use (electronic application) has increased from $125 to $250, an increase of 100%.

****Adjustment of Trademark Maintenance Fees:****

The fee for renewing each category’s trademark (paper application) has increased from $500 to $550, an increase of 10%;

The fee for renewing each category’s trademark has increased from $300 to $350, an increase of 17%;

The fee for updates submitted to WIPO has increased from $300 to $350, an increase of 17%.

The fee for each category’s 5th and 6th year declaration (paper application) has increased from $325 to $400, an increase of 23%;

The declaration fee for the 5th and 6th year for each category has been increased from $225 to $300, a 33% increase;

The declaration fee for the 5th and 6th year for each category of Madrid trademarks (paper application) has been increased from $325 to $400, a 23% increase;

The declaration fee for the 5th and 6th year for each category of Madrid trademarks has been increased from $225 to $300, a 33% increase.

The fee for the uncontested statement for each category (paper application) has been increased from $300 to $350, a 17% increase;

The fee for the uncontested statement for each category has been increased from $200 to $250, a 25% increase.

Adjustment in fees for trademark protests and review requests:

The fee for trademark protests has been increased from **** $50 to $250, a 400% increase.

The fee for the request to the director (paper application) has been increased from $350 to $500, a 43% increase;

The fee for the request to the director has been increased from $250 to $400, a 60% increase.

The fee for the petition to revive an abandoned application (paper application) has been increased from $250 to $350, a 40% increase;

The fee for the petition to revive an abandoned application has been increased from $150 to $250, a 67% increase.

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