Intellectual Property

USPTO Reduces Trademark Application Fees

Trademark Application FeesToday, we bring good news to any of our readers who are planning on filing for a federal trademark. The United States Patent and Trademark Office (“USPTO”) recently announced that it will be reducing trademark application fees and also will be adding a new type of trademark application.

Why were trademark application fees reduced and when will the new fees take effect?

As authorized by the Leahy-Smith America Invents Act, the USPTO amended its regulations to reduce certain trademark application fees in order to: (1) continue with an appropriate and sustainable funding model; (2) support strategic objectives relating to online filing, electronic file management, and workflow; and (3) improve efficiency for USPTO operations and customers. The new fees will take effect on January 17th, 2015.

What TEAS application filing options will be available on January 17, 2015?

Beginning January 17, 2015, the TEAS application filing options and fees will be as follows:

TEAS Plus

The TEAS Plus application filing option, for trademark and service mark applications on the Principal Register, offers the lowest filing fee, at $225 per class of goods or services, but has the strictest requirements. This type of application is the most common used application and previously the filing fees were $275.

In addition to the minimum filing requirements, TEAS Plus applications must include the following at the time the application is filed:

  • The filing fee for all classes listed in the application;
  • An identification of goods or services taken directly from the USPTO Trademark ID Manual;
  • Certain mark-related information, if applicable, e.g., translation statement regarding non-English wording, color claim and description for marks featuring color;
  • A correspondence e-mail address and authorization for the USPTO to send e-mail correspondence concerning the application throughout the application process.

In addition, TEAS Plus applicants must agree to electronically file, through TEAS, certain application-related submissions that may be required during the application process, such as voluntary amendments and responses to Office actions. An applicant who files a TEAS Plus application but does not satisfy the relevant requirements will be required to submit an additional processing fee of $50 per class of goods or services.   Further information about the TEAS Plus application requirements can be found at TMEP §819.01.

TEAS Reduced Fee (TEAS RF)

This is a newly created application. The TEAS RF filing option has a trademark application fee of $275 per class of goods or services and requires the applicant to (1) provide an e-mail address and authorize the USPTO to send e-mail correspondence concerning the application throughout the application process and (2) agree to electronically file, through TEAS, certain application-related submissions that may be required during the application process, such as voluntary amendments and responses to Office actions.  However, TEAS RF applicants do not need to select an identification of goods or services from the Trademark ID Manual or satisfy the other TEAS Plus requirements noted above at the time of filing.  An applicant who files a TEAS RF application but does not satisfy the relevant requirements will be required to submit an additional processing fee of $50 per class of goods or services.

TEAS Regular

The TEAS Regular continues to have the same requirements and also carries the same $325 filing fee per class. TEAS Regular applicants are not required to comply with the additional requirements of TEAS Plus or TEAS RF, but are nonetheless encouraged to provide an e-mail address for USPTO correspondence and use TEAS to electronically file application-related submissions to the USPTO.

If you are thinking about registering for a federal trademark, the new lower trademark application fees are an added incentive. If you need help registering your trademark, call us today at 206-745-5229 or email us at team@invigorlaw.com

Flickr: Rajiv | Flickr

        


Collin Roberts

When he's not in the office, Collin enjoys IPAs and burgers at Latona Pub.


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