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The United States Patent and Trademark Office (USPTO) administers the federal trademark registration system. The USPTO Commissioner is authorized by law to establish certain fees for filing and processing trademark applications as well as providing other services within the U.S. trademark system. The filing fee requirement is strictly enforced and the filing fee for at least one Class of goods or services must accompany every trademark application submitted for filing with the USPTO. Current USPTO Filing Fee Schedule The currently established USPTO filing fees are: $325 per Class of goods or services for electronic applications (filed through the Trademark Electronic Application System, or TEAS); or a reduced filing fee of $275 for applications filed under TEAS Plus, which must meet certain requirements in order to qualify. The filing fee for paper applications is $375, but the USPTO encourages applicants to utilize the electronic filing system. In all cases, the filing fee must be submitted at the time the application is filed. USPTO Classes And Applicable Filing Fees The most common question we receive concerning trademark filing fees is not the amount of the fee itself, but the number of Classes that a particular trademark application may cover. The USPTO (and the Harmonized International Trademark System) classifies nearly all goods and services into 45 Classes, known as the International Schedule of Classes of Goods and Services. Marks are not registered in the abstract, so applicants cannot obtain a general trademark registration. Rather, trademarks are registered in association with, or as applied to, particular goods or services. Every trademark application must include a description of the goods or services covered by the applied-for trademark. Depending on that description, the goods or services may fall into one Class, or into multiple Classes of goods and/or services. The USPTO filing fee ($325 for regular applications, or $275 for qualifying TEAS Plus applications) is assessed per Class of goods or services. Accordingly, if the description of goods or services specified in a trademark application covers more than one Class, say for example, 3 Classes, the applicant must pay $325 x 3 ($975, or $825 for TEAS Plus) in filing fees alone. Regardless of the Class or Classes specified in the application, the USPTO will carefully examine the description of goods or services to determine the correct Classification(s), and to determine if the appropriate filing fee was submitted for each. Other USPTO Fees There are other fees associated with the USPTO trademark system of filing and maintaining trademarks. These include, but are not limited to, “Filing a Statement of Use” ($100), “Requesting an Extension of Time to file a Statement of Use” ($150), “Amendment to Allege Use” ($100), “Corrections” ($100), and “Applications for Renewal” ($400) to name a few. For more information on FlatFee Trademark registration services or to schedule your complimentary consultation, give us a call at 1.800.769.7790 or send an email inquiry to info@flatfeetrademark.com. About the Author:
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Trademark Application Fees – What Are They, Who Pays And How Are They Calculated?
