If you would ike to contact us via email please click here. The USPTO is raising many fees in 2021. If applicants use Identification language that already has been vetted and approved by the USPTO for inclusion in the USPTO Identification Manual, less time will be needed for Examining Attorneys to decipher vague Identifications and provide the applicant with alternate proposed Identification language that is sufficiently definite under USPTO requirements. At the first stages of filing, the applicant may not have invested significant resources in the proposed mark, and hence the applicant may be more inclined to cooperate with the opposer regarding the opposer’s enforcement efforts. This website uses cookies to improve functionality and performance. If trademark registrations are within the one-year window to file the Section 8 or 71 Declarations and sufficient specimens of use are available, it is less costly to file before January 2, 2021. Ranking Members on House Committee on Science, Space, and Technology... U.S. Department of Energy Looks to Reinvigorate Appliance and... Perry County Reverses Immigration Policies, Rejects “Sanctuary” Label. On January 2, 2021, the United States Patent and Trademark Office (USPTO) will implement new trademark fees across a wide range of filings, from trademark applications to renewals and opposition filings in the USPTO. Access current fee amounts, all USPTO systems to file and pay online, and links to additional fee and payment information. The CDC’s Stances on Fully-Vaccinated Individuals: Details on the... Massachusetts Water Rights Act in the Supreme Judicial Court, France Recommends OELs for Titanium Dioxide Nanoparticles. The USPTO indicates that these fee increases are necessary to adjust to increasing costs and to provide for continued operations. Title IX Regulations: Biden Administration Signals Changes Ahead. Some other fees will decrease or go away. The content and links on www.NatLawReview.com are intended for general information purposes only. For example: A Notice of Opposition filed against a published application has a 200 USD price increase from 400 USD to 600 USD per class. The larger increase for TEAS Standard Application filings is likely intended to persuade new applicants to abide by the USPTO Identification Manual when drafting Identifications of Goods and Services, and not go “off script,” as there is inherently more flexibility in the TEAS Standard Application content. For example, the Section 8 or 71 Declaration is increasing 100 USD per class (125 USD to 225 USD) . If applicants use Identification language that already has been vetted and approved by the USPTO for inclusion in the USPTO Identification Manual, less time will be needed for Examining Attorneys to decipher vague Identifications and provide the applicant with alternate proposed Identification language that is sufficiently definite under USPTO requirements. The USPTO has recently announced a final rule regarding fee changes that will be effective on January 2, 2021. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Impact Finance: Innovative Finance Solutions to Target Global Health... European Commission Publishes Draft Delegated Act on FRANDT. Accordingly, even if the applicant goes out of bounds with its TEAS Plus filing, the applicant’s cost will be no different than the newly minted TEAS Standard Application fee, and hence there is an incentive to aim for the TEAS Plus Application if possible. The USPTO also has implemented a new fee for deleting goods or services or classes after the Section 8 or 71 Declaration has been filed: 250 USD per class. Dropping Public Charge Rule, DHS Announces Return to Previous Policy... McAfee Cryptocurrency Team Members Indicted for Pump and Dump Schemes. With the typical pendency to first examination in the USPTO currently set for three months, the potential opposer now has three (plus) months (instead of 30 days) to investigate the infringement and contact the applicant before the application has even undergone its first round of examination. Patenting Recipes – Recipe for Disaster or Sweet Reward. Consult the Summary of FY 2021 Final Trademark Fee Rule for more information. The United States Patent and Trademark Office (USPTO) set and adjusted Trademark and Trademark Trial and Appeal Board (TTAB) fees for the first time in nearly three years through its Final Rule, effective January 2, 2021.This represents the end of a multi-year review and adjustment process. The first 30-day extension of time to file an opposition still has no fee, but the second extension (60 days) has a 100 percent increase (200 USD instead of 100 USD per application), and the final 60-day extension (with consent of the applicant) goes up from 200 USD to 400 USD per application. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. View the . This new fee is presumably intended to deter late amendments and encourage registrants to consider any changes to the registrations before the Section 8 or 71 Declarations have been submitted. Note: The applicant’s TEAS Plus Application fee per class of 250 USD combined with the TEAS Plus penalty fee of 100 USD per class equals the new TEAS Standard Application filing fee of 350 USD. The most notable changes are shown below, for electronic filings. New 2021 Fee: $250. Instead of just 30 days to consider the enforcement strategy and method of outreach to the applicant before the TTAB deadline to oppose or file the first extension of time to oppose, the potential opposer gains the following: With the typical pendency to first examination in the USPTO currently set for three months, the potential opposer now has three (plus) months (instead of 30 days) to investigate the infringement and contact the applicant before the application has even undergone its first round of examination. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Revisions to National Interest Exceptions to Schengen Travel Ban, CDC Issues New COVID-19 Guidance For Vaccinated Individuals. Naturally, the inclination for a pure and strong enforcement effort still will be to wipe out the entire application or registration covering the conflicting mark, but the dramatic cost change in 2021 should give applicants and registrants pause prior to proceeding with an ALL-class enforcement strategy. Current Fee: $100. For example, the Section 8 or 71 Declaration is increasing 100 USD per class (125 USD to 225 USD). With the. Ogletree, Deakins, Nash, Smoak & Stewart, P.C. The answer is about to change. At the first stages of filing, the applicant may not have invested significant resources in the proposed mark, and hence the applicant may be more inclined to cooperate with the opposer regarding the opposer’s enforcement efforts. Mexico: Balancing Remedies Regarding the Reformed Electricity... California Federal Court Dismisses Data Privacy Litigation, Finding... Why Some Annual Corporate Disclosure Statement Filings May Be More... COVID-19: US State Policy Report – March 10, 2021, COVID Relief Bill Means Enhanced Unemployment Compensation Benefits. On January 2 nd, 2021, the United States Patent and Trademark Office (USPTO) will implement a fee change that’s been a couple of years … Potential opposers in 2021 will have a greater cost incentive to let single-class applications in nonessential classes proceed without opposing so that resources can be directed to only the most critical classes. At the publication stage (even assuming no office actions during the course of examination), the applicant likely has had three to six months to work on its plans for use of the applied-for mark, and hence may be more inclined to fight for its investment in the challenged mark. SEC’S Regulation FD Action Highlights Risks Associated with Private... Is it Groundhog Day? While the fee increases vary per submission, some notable increases may impact strategy considerations for new filings, maintenance submissions and enforcement strategies. The opposition extension fees also are increasing in 2021, thereby increasing the cost for the investigation and negotiation time that a new application watch would automatically give. For example, if a potentially infringing mark is filed in three classes, the current opposition fee to oppose ALL classes in the application is 1,200 USD. How much does a trademark cost? FINRA Adopts Rules to Address Brokers With a Significant History of... West Virginia Legislative Brief for 3/12/21. Trademark Registration Maintenance Fees also are seeing an increase on January 2, 2021. US Executive Branch Update – March 11, 2021. It will cost more to file a trademark application – especiall While many fee changes are modest (~5%), the … Due to the pandemic, they had to delay rolling it out. Increase in Trademark Fees, Effective January 2, 2021 by Kevin J. Soucek November 24, 2020 As if anything else could go wrong in 2020, the U.S. Patent and Trademark Office (USPTO) has announced an increase in a number of trademark filing fees, effective January 2, 2021. The net result will be faster examination and potentially shorter application pendency. Collaboration Among Drone Industry, Town, and State Government to... Virginia Becomes Second State to Pass Comprehensive Privacy Law, Biden Administration Increases Access to Nursing Home Residents. Bad TCPA News: Plaintiff Permitted to Sue After Answering His Mother’... COVID-19 Cafeteria Plan Relief: IRS Clears the Mud. Nonetheless, the USPTO recognizes the importance of accuracy in Identifications, and hence it has adjusted the processing fee for failing to meet TEAS Plus requirements downward from 125 USD to 100 USD per class. The United States Patent and Trademark Office (USPTO) has recently announced increases to certain trademark fees beginning on January 2, 2021. The net result will be faster examination and potentially shorter application pendency. Michelle counsels clients on every phase of intellectual property portfolio development to enhance growth and contain risk on a global basis. Health Plan Sponsor Assessed Attorneys’ Fees For Pursuing Meritless... Credit Union Acquisitions of Banks — Considerations for Bank Boards... JCPO-Wait-A-Minute: How New Talks Between the U.S. and Iran Could... New Federal Privacy Bill Introduced – Could 2021 Be the Year? Lawsuit Seeks to Overturn Trump’s SUNSET Rule, U.S. Imposes Sanctions Measures Targeting Myanmar Military Government, COBRA Subsidies Return as Part of Latest COVID-19 Relief Bill, Ontario’s COVID-19 Vaccine Distribution Plan—Key Updates for Employers, Executive Order on America’s Supply Chains, Summary of Business Provisions in American Rescue Plan Act of 2021. Privacy Notification. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. For example, if a potentially infringing mark is filed in three classes, the current opposition fee to oppose ALL classes in the application is 1,200 USD. The United States Patent and Trademark Office (USPTO) is setting or adjusting patent fees for Fiscal Year 2020, which is the first fee increase in almost three years. The USPTO recently announced that, effective January 2, 2021, it will increase certain trademark application-related fees. Most of the changes are effective October 2, 2020. Analytics companies are service providers under the CCPA, right? A new application watch also could reduce the numbers of oppositions filed simply to preserve the opposition deadline. American Rescue Plan Act Of 2021: Key Healthcare Provisions, Wilson Elser Moskowitz Edelman & Dicker LLP, Summary of FY 2021 Final Trademark Fee Rule, Virginia Passes Second-In-The-Nation Comprehensive Consumer Data Privacy Law, Incomplete Payroll Records Lead to Employer FLSA Liability, Fifth Circuit Rules.

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