[E-trademarks] USPTO proposing fee increases

[Carl Oppedahl]

On 3/25/2024 3:46 PM, Richard Schafer via E-trademarks wrote:
>
> The PTO justifies the large increases in post-reg fees by saying the 
> percentage of registrations that get maintained is declining, so 
> they’re jacking the fees on post-reg “to keep barriers to entry low 
> for new applicants.” Which will, no doubt, result in even fewer 
> registrations being maintained. At some point, I wonder if some 
> registrants will simply stop maintaining registrations and apply for 
> new ones because of the difference in costs.
>
I bet you are right that some registrants, particularly non-profits and 
companies with limited funds, will make this choice.  Which is really 
unfortunate given that they will find themselves harmed by intervening 
filings.

This stuff about “keeping barriers to entry low for new applicants” 
strikes me as somewhat analogous to the patent side. On the patent side, 
the USPTO justifies the very expensive maintenance fees with the idea 
that if your invention has turned out to be valuable, they will charge 
you the high maintenance fees so as to subsidize the initial filing fees.

But with patents, the high maintenance fees happen at most only three 
times and then you are done.  A gouge price for an 8-and-9 is a gift to 
the USPTO that keeps on giving, perhaps in perpetuity, for any given 
trademark.

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