Shawn Gordon

The United States Patent and Trademark Office (USPTO) adjusted certain trademark fees as of January 2, 2021.

The trademark fee adjustments include increases in trademark application filing fees, post-registration fees, petition fees, and Trademark Trial and Appeal Board (TTAB) fees, and a new fee for letters of protest.

The chart below shows the trademark fixed-fee services that SRH Law offers and how the USPTO increases will impact these fees as of January 2, 2021:

TRADEMARK SERVICES FIXED FEES

Last Updated: January 2, 2021

SERVICE	DUNKIEL SAUNDERS FEESi	2021 3rd PARTY FEESii
PRE-APPLICATION SEARCHES
Knockout Search	$500 for 1 class $200/add’l class
Clearance Search	$1600-2000	Search Report: Approx. $500- $750
*APPLICATIONSiii***
Actual Use Application	$700 for 1 class $250/add’l class	USPTO Fees: $250 to $350/class
Intent-to-Use (ITU) Application	$400	USPTO Fees: $250 to $350/class
ITU App: Allegation / Statement of Use (SOU)	$400 for 1 class $250/add’l class	USPTO Fees: $100/class
ITU App: Request for Extension of Time for SOU	$200/request	USPTO Fees: $125/class

SERVICE	DUNKIEL SAUNDERS FEESi	2021 3rd PARTY FEESii
Divisional Trademark Application	$350	USPTO Fees: $100
Application Based on Foreign Trademark (§66(a))	$600	USPTO Fees: $500/class
Madrid Protocol Application (International Registration)	$750	USPTO Fees: $100-$150/class Int’l Fees: Vary iv
EXAMINATION
Post-Application Processing, Docketing	$200
Office Action Response	TBD
REGISTRATION AND MAINTENANCE
Registration Processing and Docketing	$200
Initial Renewal (6-year Anniversary of Registration):
§8 Declaration of Use/ Excusable Nonuse (or §71 Affidavit)	$600 for 1 class $250/add’l class	USPTO Fees: $225/class
Combined Filing: §8 Declaration (or §71 Affidavit) and §15 Declaration of Incontestability	$700 for 1 class $300/add’l class	USPTO Fees: $425/class
Request to delete goods/services per class after §8 or §71 declaration, but before accepted	$400	USPTO Fees: $250/class
Combined Filing: §8 Declaration (or §71 Affidavit) and §9 Renewal	$700 for 1 class $300/add’l class	USPTO Fees: $525/class

SERVICE	DUNKIEL SAUNDERS FEESi	2021 3rd PARTY FEESii
Optional Post-Registration Filing:
§15 Declaration of Incontestability	$600 for 1 class $250/add’l class	USPTO Fees: $200/class
OTHER SERVICES
U.S. Customs Recordation	$150	CBP Fees: $190/class
Trademark Assignment	$200	USPTO Fees: $40
Grace Period Late Fees		USPTO Fees: $100

i SRH Law’ Fees are provided as of the “Last Updated” date. We reserve the right to adjust Fees if there are extenuating circumstances. Dunkiel Saunders’ Fees do not include Third Party Fees.
ii Third Party Fees may be subject to adjustment.
iii The Application section does not include applications for collective or certification marks. Please contact SRH Law for estimated fee information.
iv International registration fees vary based on the number of classes, designated countries, and other factors. The WIPO website provides a schedule of international fees and a fee calculator.

For a complete listing of the USPTO’s January 2, 2021 fee increases, please see the USPTO’s Summary of FY 2021 Final Trademark Rules.

If you have any questions about USPTO fees and how the January 2, 2021 fee adjustments may impact you or your business, please contact us by email or call us at your convenience. Email IP attorney Liz Kleinberg or directly at 802-860-1003 x 122, or email IP attorney Shawn Gordon can be reached directly at 802-860-1003 x 121.

IP Group

The United States Patent and Trademark Office (“USPTO”) is adjusting certain patent fees for Fiscal Year 2021. The adjusted fees go into effect on October 2, 2020.

The patent fee adjustments fall into four separate categories: across-the-board adjustments, other adjustments, new fees, and discontinued fees:

Across-the-board adjustment to patent fees: The USPTO is increasing most fees by approximately 5%.

Other adjustments to existing patent fees: The USPTO is adjusting certain existing fees by amounts greater than 5%. For example, the surcharge for late maintenance fees is increasing from $160 to $500, and the fee for requesting expedited examination for design applications is increasing from $900 to $1,600. Additionally, maintenance fees are increasing from $160-$400, depending on the year.

New patent fees: The October 2, 2020 fee increase will introduce two new fees: (1) a $400.00 fee for non-DOCX filings (this will go into effect January 2022); and (2) a $250.00 biannual fee for pro hac vice admission.

Discontinued fees: The USPTO is discontinuing four existing fees: three for patent service fees, and one for an Office of Enrollment and Discipline USPTO-assisted recovery of ID or password reset fee.

The chart below shows the Patent fixed fee services that SRH Law offers and how the USPTO increases will affect them.

Fixed-Fee Patent Offerings	SRH Law Fees	Official Fees 2020 (Small Entity)	Official Fees 2021 (Small Entity)
Initial Consultation and Project Assessment	Free	N/A	N/A
U.S. Utility Application based upon prior filed foreign filing (excludes translation fees; includes filing of foreign priority document)	$700	$785	$830
U.S. Utility Application filing (specification, figures, and claims prepared by client)	$650	$785	$830
U.S. National Stage Application in the USPTO (excludes translation fees)	$650	$785	$830
Initiate entrance into National Stage in foreign country	$750	Depends on Country	Depends on Country
Initiate filing of U.S. design application based upon prior filed foreign filing (excludes any translation fees or drawing revisions, includes filing foreign priority claim)	$550	$480	$510
Prepare and File original U.S. design patent (excludes drawings)	$1200	$480	$510
U.S. design patent (specification, figures, and claims prepared by client)	$500	$480	$510
Initiate filing of corresponding foreign design patent application (excludes any additional/revised drawings needed; includes filing foreign priority document)	$550	Depends on Country	Depends on Country
Prepare and file Issue Fee	$250	$500 Utility $350 Design	$600 Utility $370 Design
Payment of 3½ year maintenance fee	$275	$800	$1,000
Payment of 7½ year maintenance fee	$275	$1800	$1,880
Payment of 11½ year maintenance fee	$275	$3700	$3,850
Docket, Analyze, and Forward Office Action	$50
Prepare budget to respond to Office Action	$0
Prepare and File Patent Assignment	$100

For a complete listing of the USPTO’s October 2, 2020 fee increases, please see the USPTO’s Table of Patent Fee Adjustments.

Note that small and micro entity discounts will continue to be available on most fees.

If you have any questions about USPTO fees and how the October 2, 2020 fee adjustments may impact you or your business, please contact us. Patent attorney Shawn Gordon can be reached at 802-860-1003 x 121, or by email and trademark attorney Liz Kleinberg can be reached at 802-860-1003 x 122, or by email.

The Official Fees shown are for applicants that qualify for small entity status. In general, fees are double for applicants that are large entities and half for applicants that qualify for micro entity status. Official fees are subject to change.

This fee may vary depending on the circumstances of the PCT application from which the National Stage application is based.

If an assignment needs to be made or changed after the filing date, additional charges will apply.

USPTO Increased Trademark Fees as of January 2021

USPTO Increases Patent Fees as of October 2, 2020

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