USPTO Trademark Fee Increase

Introduction

Important Trademark News: If you need a trademark, you may want to file before January 14, 2017. USPTO fees are going up., On January 14, 2017 the United States Patent and Trademark Office (“USPTO”) is increasing fees. 

Reasons for Fee Increase

The USPTO is implementing a major fee renovation in order to help the USPTO cover operational costs, since the USPTO is expecting their 2017 fiscal year budget to near $3 billion. However, the fee increase will help the USPTO make more money so they can achieve their goals of increasing examination quality, promoting the efficiency of the trademark process through lower-cost electronic filing options, and increase international efforts to improve IP policy, protection and enforcement.
The agency stated on Oct. 17th, “[t]his final rule will allow the [USPTO] to achieve the dual goals of furthering key policy considerations while continuing to recover prospective aggregate costs of operation.” 

The fees will not only help the USPTO cover administrative expenses and processing costs, but will also help the USPTO upgrade their IT system. (Interesting tidbit about the USPTO. The USPTO is a profit generator for the United States, meaning that the USPTO generates more money for the government than it spends in operating costs! It is also entirely fee-funded, meaning that unlike the rest of the federal government, taxes do not pay for the USPTO.)

Impact on USPTO Operations

Overall, the USPTO has increased fees for 42 different trademark filings. Here are a few noteworthy changes:

Large increase from $375 to $600, per class, for paper applications. The filing fee for paper applications is nearly doubling, to encourage more e-filing. 

The majority of the fee increases are for paper filings, as paper filed trademark applications are much more time consuming than those electronically filed online.

LegalForce and Trademarkia already engage in e-filing, so this will not be a change for our clients.

Specific Changes in Fees

$50.00 increase in Section 8 affidavits of use of a trademark filed through the Trademark Electronic Application

Conclusion

The United States Patent and Trademark Office (USPTO) is increasing fees on January 14, 2017. To avoid the fee increases, it is recommended to file a trademark before that date. The fee increase is part of the USPTO's efforts to cover operational costs and improve examination quality, electronic filing options, and international IP policy. 

The fees will also help upgrade the USPTO's IT system. Overall, there are 42 different trademark filings that will see fee increases, including a large increase for paper applications. LegalForce and Trademarkia already engage in e-filing, so this change will not affect their clients.