If I need to respond to an office action and submit new evidence, will it cost extra?

Photo of Jan Buza

Written by Jan Buza

Co-founder of Trama

Submitting a response to a trademark office action and providing new evidence typically doesn't incur an additional fee with the USPTO. The initial fees paid for a trademark application cover the examination process, including the initial review by the examining attorney and your right to respond to any issues raised in the office action.

One cost you could potentially face, although not directly related to submitting new evidence, is the $100 per class fee if your application was initially filed as TEAS Plus but has failed to meet the corresponding requirements.

What is more important to consider is the potential costs associated with the process of responding, especially if you choose to seek legal assistance. If you decide to consult with or hire a trademark attorney to help prepare and submit your response, their services will likely involve professional fees. These can vary and are typically based on factors such as the complexity of the case and the level of assistance required.

Evidence gathering itself can also involve additional expenses, e.g. obtaining surveys, expert reports, or other supporting documentation.

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