The
United States Patent and Trademark Office (USPTO) is setting and
adjusting Trademark and Trademark Trial and Appeal Board 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.
Consistent
with federal fee-setting standards, in December 2018, the USPTO began
its biennial review of fees, costs, and revenues, and found that fee
adjustments were necessary to address increasing costs and to provide
necessary resources for Trademark operations, including implementing the
USPTO 2018-2022 Strategic Plan.
In August 2019, the USPTO published a Federal Register notice
to announce plans to exercise its fee-setting authority to set or
adjust Trademark fees. In September 2019, the Trademark Public Advisory
Committee (TPAC) held a public hearing in Alexandria, Virginia, inviting
members of the public to submit written and/or oral comments on fee
adjustments. The TPAC considered the public comments from this hearing,
which were made available on the USPTO website. On October 31, 2019, the TPAC provided a written report setting forth the comments, advice, and recommendations of the public and the committee regarding the proposed fees.
The
USPTO considered and analyzed all comments, advice, and recommendations
received from the TPAC and then, on June 19, 2020, published a Notice of Proposed Rulemaking regarding setting and adjusting Trademark fees. The USPTO received and considered comments from the public. Responses to the comments are included in the Final Rule.
More
recently, the USPTO also considered the state of the U.S. economy, the
operational needs of the agency, and the comments and advice received
from the public in determining when to implement the Final Rule. The
USPTO made adjustments based on all of these considerations, which is
also consistent with the USPTO’s many other efforts to provide various
types of relief to stakeholders, including certain deadline extensions
and fee waivers. Ultimately, the goal of the USPTO is to ensure not only
that businesses and entrepreneurs can weather the economic downturn,
but also that they can hit the ground running as it passes.
The
overall strategy of the Final Rule is to balance a reasonable and
affordable fee schedule with sufficient multi-year revenue to recover
the aggregate costs of maintaining the USPTO’s trademark-related
operations and accomplishing the USPTO’s trademark-related strategic
goals.
The
Final Rule enables the USPTO to continue to enhance the quality of
trademark examination, achieve optimal examination times, invest in
modernizing trademark information technology systems and infrastructure,
and provide stability to USPTO operations, even in times of financial
fluctuations.
To learn more about the fee changes, please visit the Summary of FY 2020 Final Trademark Fee Rule page of the USPTO website.