31 Jan Trademark Application Fees Explained
One of the most convenient aspects of applying for trademark protection is that the whole process can be completed online through the United States Patent and Trademark Office’s (USPTO) Trademark Electronic Application System (TEAS). TEAS offers a web-based portal through which users can complete and submit their trademark application forms and can pay their required fees. While the application process is largely straightforward, figuring out how the trademark-associated fees work can be tricky.
TEAS Filing Options At The USPTO. As an initial matter, applicants must choose a type of TEAS filing, which can impact the overall cost of the trademark application. There are three types of TEAS filings:
1. Regular TEAS. Choosing the regular TEAS filing option allows applicants to file online or through the mail (but mailing will involve additional fees). While filing a trademark application the standard way through the TEAS system is the least restrictive option (i.e., applicants can customize the classification associated with their trademark and are not limited to classes identified in the Trademark ID Manual), this option is the most expensive in terms of fees. Each class designation is $400 as of January 14, 2017.
2. TEAS Reduced Fee (TEAS RF). A cheaper filing option is the TEAS RF. Applicants must agree to use the USPTO’s online filing system, and only certain types of trademark applications are eligible for TEAS RF filing (including trademark and service mark applications on the principal and supplemental registers, certification mark applications, collective membership mark applications, collective trademark or service mark applications). The filing fee associated with TEAS RF is $275 per class of goods and/or services.
3. TEAS PLUS. TEAS PLUS is a stricter filing option, and has the lowest filing fee. The trademark application must be directed to an existing class of goods or services, the applicant must agree to filing online, and there are specific minimum filing requirements that must be satisfied. Applicants pay $225 per classification of the good or service with the TEAS PLUS filing option.
Applicants who elect the TEAS RF or TEAS PLUS filing option, but then fail to satisfy the requirements for that filing option will be charged an additional $125, as of January 14, 2017.
Fees Associated With Trademark Renewals. Once a trademark is registered with the USPTO, registrants are required to take steps to ensure that the registration status of the trademark is renewed. Certain trademarks need to be renewed between the fifth and sixth year after the trademark registration date via a Declaration of Use and/or Excusable Nonuse under Section 8 of the Trademark Act. The fee associated with this type of renewal is $100. Other trademarks need to be renewed between the ninth and tenth year after the trademark registration date via a Declaration of Use and/or Excusable Nonuse under Sections 8 and 9 of the Trademark Act. The fee associated with this type of renewal is $400.
TEAS Fees Can Be Confusing, Get Help
If you need assistance determining which filing option is right for you, you can always reach out to an experienced trademark attorney for guidance and advice.