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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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THURSDAY, 17 DECEMBER 2020
USPTO fee increases effective 2 January 2021

In November 2019, Class 46 reported that the US Patent and Trademark Office (USPTO) proposed an increase in the amount of many trade mark-related fees. Many of the proposed fees have now come to fruition and will become effective on 2 January 2021.

The approaching fee increases are shown in the table below.

Description (fees for electronic filings only)

Current ($)

New ($)

Filing a TEAS Reduced Fee (RF) Application through TEAS, per Class

275

350

Filing a TEAS Plus Application through TEAS, per Class

225

250

Filing a Section 8 or 71 Declaration of Use, per Class

125

225

Deletion of Goods or Services After the Filing of a Declaration of Use, per class

0

250

Filing a Petition to Cancel or Notice of Opposition, per Class

400

600

Filing a Request for an Extension of Time to File a Notice of Opposition (90-day extension)

100

200

Filing a Request for an Extension of Time to File a Notice of Opposition (consented 60-day extension)

200

400

Notice of Appeal Fee, per Class

200

225

Fee for Filing an Appeal Brief, per class

0

200

Fee for filing a Letter of Protest

0

50

Petitions to the Director

100

250

Petition to Revive

100

150

As one can see, many of the fee increases are significant. The addition of a new $250 fee (per class) for the deletion of goods or services after the filing of a Section 8 or 71 Declaration is part of the Office’s continued effort to deter owners from filing Section 8 or 71 Declarations containing goods/services for which the owner is unable to provide acceptable evidence of current use of the mark in the United States.

The increases in the fees for enforcing rights before the Trademark Trial and Appeal Board are also noteworthy.

These fee increases may now force potential opposers to act much more quickly during the extension of time period in an effort to amicably resolve a matter so as to avoid incurring the fees required to institute an opposition.

However, it may now be more cost-effective for an opposer to simply file a Notice of Opposition at the conclusion of the publication period instead of incurring the fees for filing an extension of time, attempting to negotiate a resolution and then having to later file a Notice of Opposition anyway once the extended time period is exhausted.

Michael Leonard is a partner of Fox Rothschild LLP and Co-Chair of the MARQUES International TradeMark Law and Practice Team

Posted by: Blog Administrator @ 14.33
Tags: USPTO, fees, Notice of Opposition, TTAB,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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