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

Diane Melnick dbmelnick at gmail.com
Thu Feb 27 15:45:23 UTC 2025


Thanks for that information -- just goes to show how long it's been since I
filed an appeal brief.  That said, $525 per class is a heavy lift for
clients with limited resources.

On Thu, Feb 27, 2025 at 9:23 AM Erik Pelton via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:

> 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
>
>
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>


-- 
diane.beth.melnick esq.
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