New USPTO Trademark Fees in 2021 + New Madrid Protocol Deadlines

The United States Patent and Trademark Office (USPTO) raised the majority of its trademark filings fees for the first time in three years as of January 1, 2021. These higher costs will impact almost every aspect of the trademark process, including registrations, appeals, cancellation and opposition proceedings before the Trademark Trial and Appeal Board, renewals and other maintenance areas. A summary of the trademark fees in the areas that the Sneaker Law Firm handles are below.

USPTO- Trademark Fee Increases in 2021

  • New Standard Trademark Application – $350 Per Class – up from $275
    • New Plus Trademark Application – $250 Per Class – up from $225
    • Petition to Director – $250 – up from $100
    • Petition to Revive – $150 – up from $100
  • Section 8 or 71 Declarations and Renewals – $225 Per Class – up from $125
  • 90-Day Extensions of Time to Oppose – $200 Per Application – up from $100
  • Second 60-Day Extensions to Oppose – $200 Per Application – up from $100
  • Final 60-Day Extension to Oppose – $400 Per Application – up from $200
  • Notice of Appeal – $225 Per Class – up from $200
  • Second and Subsequent Extensions to File Appeal Brief – $100(NEW)
  • Filing an Appeal Brief – $200 (NEW)
  • Petition to Cancel – $600 Per Class – up from $400
  • Notice of Opposition – $600 Per Class – up from $400

As you may notice some NEW fees exist, most regarding filing oppositions or letters of protest, along with new regulations that codify letter-of-protest procedures. These new proposed fees and associated procedures are intended to deter individuals from filing letters of protest with no merit or support while slowing down the process and costing more money in the long run.

Another interested area for those with International Trademarks under the Madrid Protocol is that the fee is set to increase from $400 to $500 per class. The effective date for this fee change is February 18, 2021.

The USPTO is making some moves to bring in more revenue and possibly speed up the process for trademark proceedings. This only means that entrepreneurs and businesses need to monitor and manage their trademark and intellectual property portfolios closer so they are not missing deadlines and only filing when necessary to avoid any additional fees. A trademark lawyer should be on every brand or companies speed dial (or Zoom for the current times).

Without a registered trademark your company name and brand that you work so hard to build can be meaningless and in jeopardy of legal proceedings. It is important to understand your trademark rights and properly plan ways for you to monetize and protect those rights. The increased filing fees in 2021 should not deter you from making the investment in your brand and business. Having a trademark gives you the peace of mind and security to start off on the right foot with confidence. Give us a call today at 540-230-2965 to see how we can help your business today.

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