Trademark Fees on the Rise

Trademark applications are on the rise, and it appears that trademark fees will soon be as well. More than 500,000 class filings were submitted to the United States Patent and Trademark Office (USPTO) in 2015, and that number is expected to continue to increase annually. In order to cover the rising processing and administrative costs associated with all of those filings, the USPTO has proposed an increase in the fees associated with applying for or maintaining a trademark registration. The most notable increases include the following:

  • Paper applications will increase from $375 to $600 per class;
  • Online applications will increase from $325 to $400 per class;
  • Affidavit of Use filings (the tool for maintaining an already registered trademark) will increase by $50;
  • A new fee of $100-$200 will be charged for a request for an extension of time to file a notice of opposition to a trademark application, which did not previously carry a fee.

The full list of proposed increases is currently published in the Federal Register, with the period for public comment running through July 11, 2016. The final ruling on the proposed fee increases will be published in November of this year, but no significant changes are expected. The new fees are anticipated to take effect on January 1, 2017.

Individuals and entities considering submission of a trademark application or needing to file maintenance documents in the next year are advised to avoid the increases by filing before year-end, particularly in cases involving multiple class filings.

If you would like more information regarding filing a trademark application or maintenance documentation, we would be happy to help answer your questions.