[E-trademarks] fees for ex parte appeals to the TTAB

[Erik Pelton]

This fee (Ex Parte Appeal Brief) was actually part of the January 2021 fee changes from the USPTO. See 
https://www.uspto.gov/trademarks/laws/updated-trademark-ttab-fees-processes

Erik Pelton


From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Carl Oppedahl via E-trademarks
Sent: Thursday, February 27, 2025 3:10 AM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Carl Oppedahl <carl at oppedahl.com>
Subject: Re: [E-trademarks] fees for ex parte appeals to the TTAB

Thank you for posting.  
I guess the source of the fees is 89 FR 91062 (November 18, 2024) which you can see https://www.federalregister.gov/documents/2024/11/18/2024-26644/setting-and-adjusting-trademark-fees-during-fiscal-year-2025.  I read that FR notice carefully and did not see any particular explanation or discussion of that fee.  But yes it looks like there are now two per-class fees for the filer that needs to pursue an appeal before the TTAB.
On 2/26/2025 6:52 PM, Diane Melnick via E-trademarks wrote:
Hello list-mates.  I wanted to ask if anyone has noticed a new fee associated with the filing of an ex parte appeal in the TTAB.  I am quite familiar with the now $225 per class fee for an electronically-filed Notice of Appeal, which appears (with a slightly different name) in the list below as 37 C.F.R. 2.6(18)(ii), which is from  I now see a second fee in item 37 C.F.R. 2.6(18)(vii) which is $200 per class for the filing of the brief.  Am I seeing this correctly?

(18) Ex parte appeal to the Trademark Trial and Appeal Board. 
(i) For filing an ex parte appeal on paper, per class$325.00 
(ii) For filing an ex parte appeal electronically, per class$225.00 
(iii) For filing a first request for an extension of time to file an appeal brief, per application$0.00 
(iv) For filing a second or subsequent request for an extension of time to file an appeal brief on paper, per application$200.00 
(v) For filing a second or subsequent request for an extension of time to file an appeal brief electronically, per application$100.00 
(vi) For filing an appeal brief on paper, per class$300.00 
(vii) For filing an appeal brief electronically, per class $200.00

-- 
Diane Melnick
Practus LLP