USPTO to Increase Trademark Fees in 2021

As US Trademark Fees Increase in 2021, An Adjustment to Portfolio Maintenance & Strategy May be Needed

On January 2, 2021, the United States Patent and Trademark Office (“USPTO”) is slated to increase the fees related to trademark applications filed with the USPTO.  The increase in fees will affect a wide variety of trademark fees, including but not limited to, new applications, renewals, and opposition filings (which will be discussed in more detail in next week’s blog).

US Trademark Fees Increase for 2021 Requiring Portfolio Management & Strategy Review

While the fees will vary depending on the submission, trademark clients and counsel alike must take into account these new fees in order to adapt current trademark portfolio management and strategies to accommodate the increase in fees.  The trademark fee changes are as follows, for standard Trademark Electronic Application System (“TEAS”) applications, the cost will increase by $75 per class.  And for the TEAS Plus option, fees will increase by $25 per class.  The processing fee for failing to meet TEAS Plus standards has been lowered from $125 down to $100.  

These changes in US trademark fee increases make it so that an applicant’s total costs for using the TEAS Plus option, even with a failure to meet requirements rejection, will total out at $350, which is the exact same price as the new filing fee for standard TEAS applications.  Attorneys and clients alike should note that these fee changes are per class.  

As US Trademark Fees Increase, Use of the TEAS Plus System Option Appears More Appealing

Furthermore, while many attorneys typically like to use the standard TEAS’s option to file trademarks because they are accustomed to that system and because that option allows for attorneys to draft with more freedom, the $75 increase in fees may persuade some attorneys to opt for the TEAS Plus option even though it may not describe a client’s offerings with as much specificity.  Experts in the field speculate that all of the aforementioned fee changes are likely to be a result of the USPTO’s wish to increasingly encourage applicants to use the TEAS Plus option for filing as this will allow USPTO trademark examiners to more quickly approve or deny applications as the TEAS Plus applications mainly rely on pre-approved language.

Key Takeaways for Trademark Owners and Practitioners as Know as 2021 Arrives

2021 will see a change as USPTO trademark fees increase.  These changes include:

  • an overall increase in trademark application filing fees per class; 

  • a decrease in TEAS Plus fees for failing to meet requirements; and

  • a predicted shift from applications filed using the standard TEAS application to applications using TEAS Plus. 

For more information on Trademark Prosecution Legal Services, see our Trademark Services and Industry Focused Legal Solutions pages.

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Law, Blog, TrademarksCeles Keene