The USPTO has increased most fees, which are shown in our revised flat-rate Schedule of Charges. In addition, it has implemented several extra charges for certain situations, such as inordinately long lists of goods or services. Our firm strives to avoid these situations and makes securing and protecting our client’s brands as cost-effective as possible. 

Applications: The USPTO continues its two-tier pricing for applications that utilize the pre-approved accepted list of goods and services (found at https://tmidm.uspto.gov/id-master-list-public.html) and those that do not. The base application fee has been increased by $100.00. However, if an application requires a non-standard list of goods and services (which occurs if there is no pre-approved list item that meets the client’s needs), there is an additional $200.00 charge. In most cases, however, we are able to use the pre-approved lists and avoid the extra charge. Nevertheless, non-pre-approved lists of goods and services that exceed 1000 characters are subject to a further surcharge of $200 per class for each 1000 characters thereafter. It happens rarely. The character surcharge encourages applicants to specify only those goods and services of genuine interest and succinctly do so.

The USPTO has also implemented an “Insufficient Information Fee” directed at twenty specific items that must be included in the application. We internally audit for these requirements, and the rare instances in which this fee could be assessed include a failure: (1) to list and claim ownership of related registrations; (2) to provide English translations of non-English terms; (3) to provide transliteration of non-Latin characters; (4) to provide for non-word marks a proper description of the mark; (5) to provide a proper color statement for a color mark; and (6) where the mark includes an individual’s name or likeness, to provide either (a) a statement that identifies the living individual whose name or likeness the mark comprises along with written consent of the individual, or (b) a statement that the name or likeness does not identify a living individual. There are some other possible reasons for the USPTO to level an “Insufficient Information Fee,” but very rarely arise in our applications due to our internal auditing of your proposed application.

Maintenance and Renewal Applications (Use Affidavits): In addition to an increase in all maintenance and renewal fees, the USPTO has expanded its auditing of Use Affidavits. In particular, the USPTO seeks verification, through adequate evidence, that each registration is in use for all of the goods and services listed and that the mark is actually used in commerce in the United States. When a registration lists many goods or services in one or more classes, the USPTO will request additional evidence showing use of the mark on at least several listed products or services in each class. We recommend that if any goods or services are not in use in the United States but are listed in the registration, the registration be amended to delete the goods and services not in use. If this is done in the initial maintenance and renewal applications, there is no further charge. However, should the USPTO audit those applications and discover that there is no adequate evidence of use in commerce in the United States, it will levy a surcharge of $350.00 to bring the registration into compliance. Accordingly, we strongly recommend that you provide evidence of use of the mark on all of the goods and services listed in the registration and delete the goods/services for which you do not have evidence of use at the time of filing of these applications.

In our customary practice of providing a year’s advance notice of the due dates for maintenance and renewal applications, the government fees will be as shown in the attached until further notice. If you have a question about a registration due for maintenance or renewal, please do not hesitate to ask. 

Our Schedule of Charges can also be downloaded from https://troy.tiny.us/client-schedule-of-charges. These are flat rates with no additional charge unless an application is filed on the basis of intent to use or if an application or registration incurs an additional government fee as explained above. However, as further detailed in our Services Agreement, our flat rate charges do not include third-party problems, oppositions, cancellations, litigation, or appeals. Finally, we have included a minor update to our services fees.

In addition to our extensive U.S. and International trademark practice, we counsel clients in a wide range of intellectual property related matters, including: brand protection, copyrights, licensing, ecommerce, privacy (including internet privacy issues), contract negotiation, and preparation, and business litigation. 

We greatly appreciate the opportunity to work with you in your intellectual property matters and always welcome any questions you may have. We look forward to continue working with you.