Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement changes to its trademark fee structure. These adjustments seek to align government fees with the actual costs of trademark services and to facilitate the efficient administration of the trademark system.
Implications for Trademark Clients
- Filing Fees Based on Character Count, Not Just Classes: One of the most notable changes to the USPTO trademark filing fees is the introduction of a $200 surcharge for every additional 1,000 characters (including punctuation and spaces) beyond the initial 1,000 characters. This fee applies when applicants opt to use the free-form text box to provide identifications, emphasizing the importance of concise drafting.
- New Application Protocol: The USPTO will no longer offer the TEAS Plus and TEAS Standard filing options. Instead, the office will implement a “Base Application Fee” of $350 per class for all applications; a discounted per class fee will no longer be available.
- Surcharge for Incomplete Applications: A new charge will apply to applications that are incomplete or lack required information, emphasizing the importance of thorough and accurate submissions when filing a new application.
- Descriptions of Goods and Services: These new surcharges may be avoided by (1) using the USPTO Trademark ID Manual to select preapproved wording and (2) to create concise and accurate descriptions to avoid redundant or unnecessary items that would surpass the character limit.
- Higher Maintenance Fees: Increased fees for post-registration maintenance, such as Declarations of Use and Renewals, will raise the cost of maintaining trademark registrations over time.
Recommendations for Trademark Clients
- Review and Plan: Assess your trademark portfolio and upcoming filings to understand the financial impact of the new fees.
- Ensure Completeness: Prepare applications meticulously to avoid surcharges for incomplete submissions.
- Budget for Maintenance: Allocate resources for increased maintenance fees to keep registrations active.
- Seek Professional Guidance: Consult with trademark professionals to develop strategies that mitigate the impact of fee increases.
Staying informed and proactive will help trademark clients manage these fee changes and maintain robust protection for their intellectual property.
Fee Comparison
The following table reflects current fees alongside new fees for some of the most common trademark services that will be implemented effective January 18, 2025:
*Note: The below fees are illustrative; for a comprehensive list, refer to the USPTO’s official fee schedule.
See USPTO.
Service | Current Fee | New Fee (Effective Jan 18, 2025) |
---|---|---|
Application Filing Fees | ||
Base Application Fee (NEW) | N/A | $350 per class |
Application fee filed with WIPO (section 66(a)), per class | $500 | $600 |
Subsequent designation fee filed with WIPO (section 66(a)), per class | $500 | $600 |
Surcharge for Incomplete Application (NEW) | N/A | $100 per class |
Surcharge for Custom Goods/Services Description (NEW) | N/A | $200 per class |
Surcharge for Descriptions Exceeding 1,000 Characters (includes punctuation and spaces) (NEW) | N/A | $200 per class for every 1,000 characters beyond the first 1,000 characters |
Post-Registration Maintenance Fees | ||
Section 9 registration renewal, per class | $300 | $325 |
Section 8 or 71 declaration of use, per class | $225 | $325 |
Section 15 declaration of incontestability, per class | $200 | $250 |
Renewal fee filed at WIPO | $300 | $325 |
Intent-to-Use Fees | ||
Amendment to Allege Use, per class | $100 | $150 |
Statement of Use, per class | $100 | $150 |
Petitions and Letters of Protest | ||
Petition to the Director | $250 | $400 |
Petition to Revive an Application | $150 | $250 |
Letter of Protest | $50 | $150 |