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USPTO Fee Increases and Rule Changes for 2017

Effective January 14th, the USPTO enacted a number of changes, including increases in trademark and TTAB fees and procedural changes for trademark services.

The most substantial fee increases are for the initial application fee for paper filings, which increased by $225 per filing per class. The initial application for registration filed using TEAS also increased by $75 to $400. All the fee changes were increases except for those for electronic extensions, which decreased from $150 to $125.

 Other increases include the processing fee for applications that fail to meet the requirements for TEAS Plus or TEAS RF. Common reasons for not meeting the requirements include:

(1) Not providing all necessary documents electronically;

(2) Not providing a translation statement;

(3) Failing to maintain a current email address; and

(4) Not providing a color claim and description.

The fees for these failures increased from $50 to $125 per class.

It is important to note that fees are not tied to the filing date, so the new fees will apply to classes added or deficiencies corrected on existing trademarks.

In addition to the fee increases, the USPTO will implement other changes as well. The foreign registration number character limit has been increased to 19. The TEAS form will now also offer enhanced error messaging to alert filers of missing information.

TEAS signature forms have also been updated. They will require users to sign their full names between slashes. Example: /Nehal Madhani/ as opposed to Nehal/Madhani/ or other variants.

The forms for Applications for registration, Allegations of use, and Post-registration affidavits or declarations of continued use or excusable non-use have also been reformatted to be easier to understand. For example, on the declaration section of the application form, the filer will need to check boxes next to each statement, as illustrated below

The TEASi international application system has also been updated to include Brunei Darussalam.

The USPTO encourages filers with questions to email TEAS@uspto.gov.

Find the fee changes in the table below:

Description

Old Fee

New Fee

Increase

Filing a paper Application

$375/class

$600/class

$225

Paper Request to Divide an Application Filed

$100/new application

$200/new application

$100

Additional Processing Fee under §2.22(c) or §2.23(c)(paper)

$50/class

$125/class

$75

Additional fee for Filing a paper Renewal Application During the Grace Period

$100/class

$200/class

$100

Correcting a Deficiency in a Renewal Application via paper filing

$100

$200

$100

Filing a paper Affidavit under §8 of the Act

$100/class

$225/class

$125

Additional fee for Filing a paper §8 Affidavit During the Grace Period

$100/class

$200/class

$100

Correcting a Deficiency in a §8 Affidavit via paper filing

$100

$200

$100

Filing on paper an Affidavit under §15 of the Act

$200/class

$300/class

$100

Filing on paper to Publish a Mark under §12(c) on

$100/class

$200/class

$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 on paper a Disclaimer to a Registration

$100

$200

$100

Filing on paper an Amendment to a Registration

$100

$200

$100

Filing on paper an Amendment to Allege Use under §1(c) of the Act

$100/class

$200/class

$100

Filing on paper a Statement of Use under §1(d)(1) of the Act

$100/class

$200/class

$100

Filing on paper 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

$150/class

$225/class

$75

Certifying an International Application Based on a Single Application or Registration, filed on paper

$100/class

$200/class

$100

Certifying an International Application Based on More Than One Basic Application or Registration, filed on paper

$150/class

$250/class

$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 on paper a Notice of Replacement under §7.28

$100/class

$200/class

$100

Filing on paper an Affidavit under §71 of the Act

$100/class

$225/class

$125

Surcharge for Filing on paper an Affidavit under §71 of the Act During Grace Period

$100/class

$200/class

$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 on paper a Petition to Cancel

$300/class

$500/class

$200

Filing on paper a Notice of Opposition

$300/class

$500/class

$200

Ex Parte Appeal to the Trademark Trial and Appeal Board, filed on paper

$100/class

$300/class

$200

Filing on paper a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(1)(ii) or (c)(2)

$200/

application

n/a

Filing on paper a Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(3)

$300/

application

n/a

Petitions to the Director, filed on paper

$100

$200

$100

Filing an electronic Application through TEAS Regular

$325/class

$400/class

$75

Additional Processing Fee under §2.22(c) or §2.23(c) (electronic)

$50/class

$125/class

$75

Filing an electronic Affidavit under §8 of the Act through TEAS

$100/class

$125/class

$25

Filing an electronic Affidavit under §71 of the Act through TEAS

$100/class

$125/class

$25

Filing an electronic 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

$150/class

$125/class

-$25

Filing an electronic Petition to Cancel through ESTTA

$300/class

$400/class

$100

Filing an electronic Notice of Opposition through ESTTA

$300/class

$400/class

$100

Electronic Ex Parte Appeal to the Trademark Trial and Appeal Board Filed through ESTTA

$100/class

$200/class

$100

Filing an electronic Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(1)(ii) or (c)(2) through ESTTA

n/a

$100/

application

n/a

Filing an electronic Request for an Extension of Time to File a Notice of Opposition under §2.102(c)(3) through ESTTA

n/a

$200/ application

n/a

Source: https://www.uspto.gov/trademark/fees-payment-information/trademark-fee-changes