ARTICLE
12 April 2024

Trademarks USA- Proposal Of New Fees Introduced By The USPTO

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S.S. Rana & Co. Advocates

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S.S. Rana & Co. is a Full-Service Law Firm with an emphasis on IPR, having its corporate office in New Delhi and branch offices in Mumbai, Bangalore, Chennai, Chandigarh, and Kolkata. The Firm is dedicated to its vision of proactively assisting its Fortune 500 clients worldwide as well as grassroot innovators, with highest quality legal services.
The United States Patent and Trademark Office (USPTO) is planning to implement the new fees relating to trademarks in USA and on March 26, 2024, the USPTO issued a notice of proposed rulemaking (NPRM) to set or increase certain trademark fees in the United States of America.
India Intellectual Property
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The United States Patent and Trademark Office (USPTO) is planning to implement the new fees relating to trademarks in USA and on March 26, 2024, the USPTO issued a notice of proposed rulemaking (NPRM) to set or increase certain trademark fees in the United States of America.

The NPRM issued includes the introduction of 11 new fees and the discontinuation of 5 current fees. The NPRM commences the 60 days for members of the public to provide their comments to the USPTO and the USPTO intends to issue a final ruling in Financial Year 2025 following a review of public comments received.

The aim of fee setting at the USPTO is to provide adequate financial resources to facilitate the effective and smooth administration of the United States Intellectual Property (IP) System. The overriding principles behind this goal are to:

  • Function within a sustainable funding model that avoids disruptions caused by fluctuations in financial operations.
  • Enable the USPTO to continue making strategic improvements.

Trademarks USA- The USPTO proposes to set and adjust fees with respect to the following fee categories:

  1. Applications
  2. Intent to Use Filings
  • Amendment to Allege Use
  • Statement of Use
  1. Letters of Protest
  2. Post Registration Maintenance filings
  • Renewals
  • Declaration of Use
  • Declaration of Incontestability
  1. Petitions to the Director
  2. Petitions to Revive the Application.

Noticeably, the increase in the fee appears to deal with "Bad Faith Filings" which results in a backlog at the trademark Registry in the United States of America. In this regard, the USPTO is planning to introduce a new fee to curb the poorly filed applications i.e. $100 will be charged per class for providing insufficient information in the trademark application.

A breakdown of the Proposed Fee by USPTO is listed below for ready reference:

APPLICATION FILING

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INTENT TO USE FILING

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POST REGISTRATION MAINTENANCE FILINGS

The percentage of registrants who choose to maintain/renew their trademark and file for maintenance is decreasing. Further, the USPTO expects this trend to continue due to anticipated growth in application submissions from groups historically less likely to maintain a registration. Given these changes in demand and filing behaviors, aggregate revenue derived from maintenance filings requires a rebalancing to keep barriers to filing new applications low.

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LETTER OF PROTEST AND PETITIONS

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With the submission of the proposed new fee by USPTO, the Trademark Applicants/owners can expect progress towards optimizing trademark application pendency, improving accuracy and reliability of the trademark register, fostering business effectiveness and improved customer experience, and ensuring financial sustainability to facilitate effective operations.

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For further information please contact at S.S Rana & Co. email: info@ssrana.in or call at (+91- 11 4012 3000). Our website can be accessed at www.ssrana.in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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