What are deletion fees in U.S. trademark renewals?
Deletion fees are charges imposed by the United States Patent and Trademark Office (USPTO) when a trademark owner requests the removal of specific goods, services, or entire classes from an active registration during post-registration maintenance processes, such as filing a Section 8 Declaration of Use or Section 71 Declaration (for foreign-based registrations). These fees help maintain the accuracy of the trademark register by ensuring only actively used items remain listed. Deletions can occur voluntarily or as a result of USPTO audits, but fees apply only in specific circumstances, like after a declaration has been filed but before it's accepted.
When are deletion fees required?
Deletion fees are required when you request to remove goods, services, or classes from your registration after submitting a required maintenance filing (e.g., Section 8 or 71 declaration) but before the USPTO accepts it. No fee is charged for deletions made via a free Section 7 request between maintenance filing periods or before submitting a declaration. Fees also apply during the USPTO's Post-Registration Audit Program if you must delete items to comply with proof-of-use requirements. Promptly deleting unused items before filing declarations avoids these fees altogether.
Example: Deletion Fees for Partial Goods Within a Class
To illustrate, consider a hypothetical clothing brand called "TrendWear" with a U.S. trademark registration in International Class 25 (clothing). The registration originally lists 10 different types of garments: t-shirts, pants, shirts, hats, jackets, socks, shoes, belts, scarves, and gloves. However, at the time of renewal (e.g., filing a Section 8 Declaration of Use), the brand is only still selling t-shirts and has discontinued all the other garments.
If TrendWear files the declaration claiming use for all 10 items but only provides proof for t-shirts, this could lead to issues like an audit or rejection for inaccurate claims. To correct this during the pendency of the filing or in response to an audit, they would need to delete the nine unused garments (pants through gloves) from the registration. Even though this is a partial deletion within a single class—and not removing the entire class—the deletion fee still applies at $250 for that class. Alternatively, if they proactively delete the unused items via a Section 7 request before filing the declaration, no fee would be charged, preserving the registration solely for t-shirts without cost.
This example highlights that deletion fees are assessed per class affected, regardless of whether you're removing all goods/services in that class or just some of them.
What happens if you don't delete unused goods and services?
Failing to delete unused goods or services before filing a maintenance declaration requires you to swear under oath that the mark is in continued use for *all* listed items, which can constitute fraud if untrue. This risks cancellation of the *entire* registration, not just the unused portions, potentially leaving your brand unprotected. During audits or office actions, the USPTO may demand proof of use; without it, you'll face requirements to delete (and pay fees) or risk partial/full cancellation. Outdated registrations also undermine the trademark system's reliability for public notice of rights.
What are the risks of auditing?
The USPTO's Post-Registration Audit Program, launched in 2017, randomly or directedly selects registrations (e.g., those with many goods/services) to verify ongoing use and register integrity. If audited, you must submit evidence of use (e.g., specimens like labels or webpages) for additional items beyond those already filed. Non-compliance—such as failing to respond within six months, not providing proof, or not paying deletion fees—can lead to office actions, surcharges, and ultimately cancellation of the registration in whole or part. Over 50% of audited registrations result in deletions or cancellations, shrinking the scope of protection and exposing owners to loss of rights.
What is the cost of deletion fees?
As of 2025, the deletion fee is $250 per class for electronic filings via the Trademark Electronic Application System (TEAS) when removing goods, services, or classes during the pendency of a Section 8 or 71 declaration, or in response to an audit. A $100 deficiency surcharge may apply if the deletion addresses a filing deficiency in a later period. These are in addition to standard renewal fees (e.g., $325 per class for Section 8 and Section 9 combined). Always check the USPTO fee schedule for updates, as fees can change.