Federal Trademark Registration: Save Money, File Now!
Effective January 2, 2020, the filing fees for a variety of trademark registration papers will be increasing by healthy amounts.
This includes the basic Federal trademark registration application fees for both TEAS Standard and TEAS Plus applications.
Also increasing are the fees for the filings of oppositions, letters of protest, and certain appeals through the Trademark Trial and Appeals Board (TTAB).
The US Patent and Trademark Office (USPTO), through which the Federal trademark registration system is governed and the trademark registration database maintained, approved the new trademark fee schedule after a 3-year process of announcing its intent and allowing public commend, including comments from trademark attorneys.
While trademark lawyers commented negatively, urging the USPTO to refrain from raising fees at a time of financial duress for many individuals and small businesses (and, now, during the COVID-19 pandemic), the new fee schedule is now final.
Thus, the months of November and December, 2020, are the final months in which a TEAS Standard trademark registration application can be filed for only a $275.00 fee.
What Are the New Trademark Registration Fees?
The new trademark fee schedule is as follows.
- TEAS Standard Trademark Applications: $350 per class
- TEAS Plus Trademark Applications: $250 per class
- Section 8 Statement of Use or 71 Declaration: $225 per class
- NEW FEE: Deleting goods, services, or classes from a trademark registration after filing a Section 8 or 71 declaration (but before acceptance): $250 per class
- Petitions to the Director: $250
- Petitions to Revive: $150
- NEW FEE for Letters of Protest: $50 per trademark application
- TTAB Petitions to Cancel Trademark Registration: $600 per class
- TTAB Notices of Opposition to Trademark Registration Applications: $600 per class
- TTAB: A variety of additional fee increases for deadline extensions and other procedural requests, as well as appellate filings.
Why Should You File Your Trademark Registration Application Now?
Thus, the basic fee for a Federal Trademark Registration Application will cost you an additional $75.00 effective January, 2021.
That is the primary reason to step on the gas.
However, the filing of a trademark registration application is always a time-sensitive consideration.
You should always do 2 things the moment you decide upon a business or product name or brand:
- Purchase your domain name;
- File your Federal trademark application.
Yes, those 2 things should be done before purchasing stationery, manufacturing labeled inventory, even before printing those ubiquitous team-building t-shirts for your new employees.
Although the US is not a "first to file" jurisdiction in which the first individual or entity to file a Federal trademark application obtains the primary right to use that trademark, it is important to file your trademark application quickly and to make a public record of your first use in commerce.
That means the first date on which you started selling your product or service anywhere and the first date on which you began selling it across state lines.
The first to use a trademark in interstate commerce is the one with the exclusive right to use that mark (be it a name or logo or even sound) to identify a product or service to consumers.
Further, wouldn't it be handy to know whether you can protect your brand with a Federal trademark registration before you spend thousands of dollars on inventory and other marketing materials?
It is not unusual for trademark lawyers, at the initial consultation phase or after the pre-application trademark clearance search results have come through to advise a client to re-brand and try again.
Trademark Registration Filing Fee Increase: The Bottom Line
The bottom line is that with regard to trademark protection of your company or product or service name or logo, it doesn't pay to go drag your feet.
The Hilla Law Firm, PLLC specializes in trademark matters and will maximize your odds of successful registration.
Our trademark registration practice is national, representing clients for trademark matters anywhere in the United States and beyond.
Contact Us Here to schedule an initial consultation appointment at no charge to discuss your trademark needs.