Understanding the January 2025 USPTO Fee Changes and Their Impact on Your Trademark Filings
The United States Patent and Trademark Office (USPTO) is implementing a revised fee structure effective January 18, 2025, introducing new surcharges and increasing several existing trademark filing fees. These changes aim to streamline operations, cover rising costs, and enhance the quality and efficiency of the trademark filing process. Below, we explore the key changes, their implications, and steps you can take to minimize unnecessary costs.
Key Changes to USPTO Trademark Fees
Single Base Application Filing Fee
The USPTO is consolidating the existing TEAS Standard and TEAS Plus filing options into a single base application filing fee of $350 per class. While this fee aligns with the previous TEAS Standard rate, it is $100 higher than the former TEAS Plus rate. To qualify for the $350 fee, applicants must:
Submit a complete application at the time of filing.
Use pre-approved goods and services descriptions from the USPTO’s Trademark Next Generation ID Manual (ID Manual).
Failure to meet these requirements will incur additional surcharges.
Application Surcharges
Incomplete Applications: A $100 surcharge per class applies if key information is missing (e.g., applicant’s address, email address, mark description, or first-use dates).
Custom Goods/Services Descriptions: Using the free-form text field instead of pre-approved descriptions will result in a $200 surcharge per class.
Excessively Long Descriptions: Applications with descriptions exceeding 1,000 characters will incur a $200 surcharge for each additional block of 1,000 characters, including spaces and punctuation.
Increased Fees for Other Filings
The USPTO is also increasing fees for several filings, including:
Amendments to Allege Use: $150 (up from $100).
Statements of Use: $150 (up from $100).
Declarations of Incontestability (§15): $250 (up from $200).
Renewals (§8 and §71): $325 per class (up from $225).
Letters of Protest: $150 (up from $50).
Petitions to Revive: $250 (up from $150).
Below is a detailed breakdown of trademark-related fees, including current costs, upcoming changes effective January 18, 2025, and the percentage increase. Use this table to stay informed and plan accordingly for your trademark filings and maintenance.
| Trademark Fees | Current Fee | Fee Effective 1/18/2025 | Percentage Increase | |
|---|---|---|---|---|
| Application and Registration Fees | ||||
| Unified Base Application Fees, per class | $350 | |||
| Intent-to-Use Applications (Statements of Use and Amendments to Allege Use) Fees, per class | $100 | $150 | 50% | |
| Madrid Protocol Applications (Application fee filed with WIPO (Section 66(a))), per class | $500 | $600 | 20% | |
| Post-Registration Maintenance Fees | ||||
| Section 8 Declarations (filed between the 5th and 6th year after registration) | $225 per class | $325 per class | 45% | |
| Section 9 Renewals (filed every 10 years) | $300 per class | $325 per class | 8% | |
| Section 15 Declarations (Declaration of Incontestability) | $200 per class | $250 per class | 25% | |
| Section 71 Declarations | $225 per class | $325 per class | 45% | |
| Renewal fee filed at WIPO | $300 per class | $325 per class | 8% | |
| Petitions | ||||
| Petition to the Director Fee | $250 | $400 | 60% | |
| Petition to Revive an Application Fee | $150 | $250 per class | 67% | |
| Letter of Protest Fee | $50 | $150 | 300% |
Implications for Applicants and Brand Owners
Efficiency and Accuracy in Filing
The new fee structure underscores the importance of accurate and thorough filings. The surcharges for incomplete applications and custom goods/services descriptions incentivize applicants to use the pre-approved options in the ID Manual and to ensure all necessary details are included upfront.
Cost Considerations for Complex Applications
Applications requiring detailed or customized goods and services descriptions may face significant fee increases. This is especially relevant for foreign applicants relying on lengthy descriptions from foreign registrations or applications.
Madrid Protocol Applications
While Madrid Protocol filings are exempt from the new surcharges due to limitations in the World Intellectual Property Organization’s (WIPO) fee collection processes, the base application fee for these filings will increase from $500 to $600 per class.
Best Practices to Navigate the Changes
File Early: If you are planning to file new applications or handle maintenance filings, consider doing so before January 18, 2025, to take advantage of the current lower fees.
Leverage the ID Manual: Using pre-approved descriptions from the ID Manual can help you avoid the $200 surcharge for free-form text entries.
Work with Experienced Counsel: Consulting a trademark attorney can ensure your filings are complete, accurate, and compliant with the new rules, minimizing unnecessary fees and delays.
Review Existing Portfolios: For brand owners managing multiple trademarks, reviewing your portfolio for upcoming maintenance filings can help you strategically plan ahead of the fee increases.
Additional Context and Resources
Why the Fee Changes?
The USPTO’s revised fee structure is part of a broader initiative to promote operational efficiency, address rising costs, and support ongoing improvements to the trademark filing system. These changes were informed by extensive public feedback, including comments from intellectual property organizations, law firms, and other stakeholders.
What’s Next?
The fee adjustments reflect the USPTO’s efforts to balance the cost of operations with the need for a fair and transparent fee structure. By prioritizing efficient and high-quality filings, the USPTO aims to maintain a robust and reliable trademark system that supports businesses and brand owners.
Conclusion
The 2025 USPTO fee changes represent a significant shift in the trademark filing landscape. Understanding these changes and their implications can help you make informed decisions about your trademark strategy. By filing early, leveraging pre-approved descriptions, and working with experienced trademark counsel, you can navigate these changes effectively and avoid unnecessary costs.
For more information or assistance with your trademark filings, contact our office today. We’re here to help you protect your brand and minimize the impact of these new fees on your business operations.