Trademark Costs – Examination

Trademark Examination Costs

Examiner Decisions

trademark examination costsThe USPTO does not charge additional fees for you to respond to most Examiner’s amendments or office actions. However, if the Examiner determines that your trademark application failed to meet the initial filing requirements of your TEAS Plus or TEAS RF form you will incur an additional filing fee of $50 per class.

You should also expect to receive a quote from your attorney if you enlist their help to respond to an Examiner’s amendment or office action.

Providing Proof of Use (1a v. 1b Applications)

If you filed your application with proof of your use of the trademark then you will not incur any additional fees on these grounds during your application process.

If, however, you filed your application with the intent to provide proof of use at a later date you must eventually file a Statement of Use at the cost of $100 per class.

Further, if you are not ready to file a Statement of Use within 6 months after receiving a Notice of Allowance you may select one or more of the following options:

  • Divide your application to allow some parts to progress and others to wait for you to obtain proof of use ($100 per new application);
  • Narrow your application to exclude any uses for which you do not anticipate acquiring proof of use (no filing fee, but expect attorney fees); and
  • Extend the deadline every 6 months for up to 3 years for a fee of $150 per class per extension.

Additional Examination Expenses

trademark examination costsAdditional expenses you might incur during your examination process include your attorney’s fees, petitioning the Director of the USPTO ($100), reviving an abandoned application ($100), and appealing your Examiner’s final decision ($100 per class).

The USPTO keeps a current fee schedule of these and other potential trademark examination expenses on its website.