Advertising Law Blog

With an increase in both the number of trademark applications and fraudulent trademark applications over the last several years, the USPTO has recently instituted several additional filing requirements, increased most filing fees, and added new fee categories. Among the numerous recent changes:

1. The USPTO now requires an actual physical street address of the applicant or registrant, even if a corresponding non-U.S. application does not provide same.  It is not acceptable to use a registered address, a “c/o” address, a mail drop address, or a PO Box. The USPTO will look up the address to make sure it is an actual street address, and an office action will be issued if this requirement is not met.
2. While U.S. corporate applicants are not required to file applications using a U.S. attorney, all non-U.S. applicants must have a U.S. attorney represent them before the USPTO.
3. The filing fees for all applications will now be $350 per class. There will be a surcharge of $200 per class if the standard USPTO descriptions of goods/services are not used, and a surcharge of $200 per class/per grouping of 1000 characters for descriptions of goods/services that exceed 1000 characters. Other maintenance fees such as renewals and various petitions to the director have also increased.