New Year, New Fee Schedule for Trademarks at the USPTO

Starting January 18, 2025, the United States Patent and Trademark Office (USPTO) implemented significant changes to its trademark fee schedule. These updates are part of the USPTO's ongoing efforts to make the application process more efficient while encouraging applicants to submit complete and streamlined filings.

For trademark attorneys, this is a pivotal moment to familiarize themselves with the new pricing structure and anticipate how these changes will affect their clients.

Read the full article
New Year, New Fee Schedule for Trademarks at the USPTO – Big Changes to Application Fees

About the authors
Sara M. Bauer
Lori B. Cohen

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.

Starting on January 18th, 2025, the United States Patent and Trademark Office, or USPTO, is implementing significant changes to its trademark fee schedule. These updates are part of the USPTO's ongoing efforts to make the application process more efficient while encouraging applicants to submit complete and streamlined filings. 

For trademark attorneys, this is a pivotal moment to familiarize themselves with the new pricing structure and anticipate how these changes will affect their clients. A notable shift is the discontinuation of the TEAS Plus and TEAS Standard applications in favor of a single base application model, which will include additional customizable fees based on application details.

These updates, while presenting new challenges, aim to promote meticulous applications and provide smoother and faster examination processes in the long run. One of the most significant updates is the introduction of the base application, which replaces the former TEAS Plus and TEAS Standard 

The base for filing trademarks under Section 1, intent to use or use-based, or Section 44, foreign applications/registration-based, is $350 per class of goods or services. This is comparable to the current TEAS standard fee. The base application model introduces new fees for incomplete and complex filings. A $200 fee per class will apply for custom goods or services descriptions that fall outside the Trademark ID Manual's pre-approved options. 

Additionally, goods or services descriptions that exceed 1,000 characters will incur an extra $200 per additional 1,000 characters per class. Filings with missing or incomplete information, such as unsigned declarations, untranslated non-English words, or unclaimed prior registrations, will also face a $100 fee per class. Previously, applicants could address incomplete descriptions or information during the examination process. Under the new system, the USPTO is placing more responsibility on applicants to submit accurate and complete filings up front.

Beyond the base application, the USPTO is adjusting fees across other trademark-related processes. The USPTO has announced significant fee increases across various trademark filings. For Section 8 declarations, maintenance filings will now cost $325 per class, reflecting a $100 increase. Similarly, Section 15 Declarations of Incontestability have risen to $250 per class, up by $50. Renewal applications under Section 9, which are required every 10 years, will now cost $325 per class, an increase of $25. 

Amendments to allege use or statements of use have also been raised to $150 per class, up $50. Petition fees have seen notable changes as well. Petitions to revive, used to begin state and application, now cost $350, representing a $100 increase, while petitions to the director are priced at $400, an increase of $150. Letters of protest, filed by third parties to object to a trademark application, have also jumped significantly to $150, up $100. 

Lastly, Madrid Section 66A applications now carry a fee of $600 per class, reflecting a $100 increase. These fee adjustments aim to support the USPTO's efforts to encourage accurate, thorough filings, while enhancing operational efficiencies. Applicants will need to ensure every detail is complete before submission. 

Applications missing translations, stylized mark descriptions, or ownership claims could result in additional fees or outright denials. The USPTO is encouraging applicants to use preapproved terms from the Trademark ID Manual. Those in niche or emerging industries, where terms may not yet exist, should prepare strategically. Custom descriptions are expected to generate an influx of suggestions for updates to the Trademark ID Manual. This could lead to approval delays for new terms, prolonging the overall filing process, and foreign applicants, particularly those filing under Section 44, will also need to modify descriptions to fit USPTO requirements without incurring extra charges. 

Understanding the updated fee structure is only half the battle. Implementing strategies to adapt is key. To make the most of USPTO resources, start by utilizing the Trademark ID Manual. This tool helps you find preapproved descriptions, saving you the $200 custom description fee while ensuring all goods and services fall under existing terms. 

It's also vital to review every detail of your application, from character counts to required translations, to avoid unnecessary expenses. When it comes to streamlining your trademark applications, concise descriptions are key. Aim to keep goods and services descriptions under the 1,000-character limit while ensuring all required information, such as ownership claims and translations, is included upfront. This thoroughness will help prevent costly errors or delays.

For international clients, adapting your strategy is essential. Educate foreign applicants on the differences between US application requirements and those of their home countries. Where applicable, consider Madrid Section 66A applications, which may help bypass new fees and simplify the process. Proactively requesting custom IDs can also save time and improve efficiency. Submit well-prepared requests to update the trademark ID manual early and collaborate with clients in niche industries to identify gaps and propose necessary additions. 

By staying ahead of these steps, you can navigate the trademark process more effectively And avoid unnecessary roadblocks. The USPTO's updated fee schedule highlights a broader shift toward reducing inefficiencies and expediting examination timelines. While initially presenting challenges in the form of stricter requirements and higher costs, these changes ultimately promote better documentation and higher-quality applications.

For trademark attorneys, this adjustment is an opportunity to refine processes, educate clients, and help them avoid unnecessary fees. By taking a proactive approach to the changes, your practice can strengthen its position as a trusted advisor in the evolving world of trademark law.

Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.

Don't forget to subscribe via your podcast player of choice so that you never miss an episode. Thank you again for listening.