It's worth paying attention to the new fees that will go into effect on January 18th concerning trademark applications.
To encourage brand owners to adhere more closely to approved identifications, the Trademark Office will impose additional fees if an examiner determines that the applied-for goods or services are "indefinite." It is unclear when these fees will be applied but the first category of fees will presumably be applied when an office action issues and the second and third category of fees will presumably be applied at the time of filing.
This change is the most significant as indefiniteness refusals routinely issue. The UPSTO website provides a full overview – here are a few other noteworthy changes:
Applications filed under Section 66 with the World Intellectual Property Organization (WIPO)
Applications filed as part of an International Registration will be subject to a $600 filing fee, per class. Subsequent designations filed will also be subject to a $600 filing fee, per class.
Post-Registration Maintenance Fees
Post-registration maintenance fees will be increased as follows:
Petitions and Letters of Protest Fees
Petitions and letters of protest fees will be increased as follows:
Intent-to-Use Fees
Fees for amending intent-to-use applications will be increased as follows:
Takeaways
To avoid additional fees, brand owners should initially opt for the TEAS Plus form, which provides USPTO-approved identifications of goods and services. Choosing this option will avoid an office action requiring amendment to the identification of goods and services. Otherwise, such an office action will now impose the fees noted above. Utilizing the TEAS Plus form also appears to allow the brand owner to avoid the 1,000 character per class restriction. As always, Pryor Cashman's trademark team can guide you efficiently and effectively through the trademark registration process.
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.
