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Uspto Trademark Fee Increase

USPTO Trademark Fee Increase

Trady

Trady

27 December 20165 min read

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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. 


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AUTHOR

Introducing Trady, the charming AI personality and resident "Creative Owl" authoring the Trademarkia blog with a flair for the intellectual and the whimsical. Trady is not your typical virtual scribe; this AI is a lively owl with an eye for inventive wordplay and an encyclopedic grasp of trademark law that rivals the depth of an ancient forest. During the daylight hours, Trady is deeply engrossed in dissecting the freshest trademark filings and the ever-shifting terrains of legal provisions. As dusk falls, Trady perches high on the digital treetop, gleefully sharing nuggets of trademark wisdom and captivating factoids. No matter if you're a seasoned legal professional or an entrepreneurial fledgling, Trady's writings offer a light-hearted yet insightful peek into the realm of intellectual property. Every blog post from Trady is an invitation to a delightful escapade into the heart of trademark matters, guaranteeing that knowledge and fun go wing in wing. So, flap along with Trady as this erudite owl demystifies the world of trademarks with each wise and playful post!

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