December 12, 2024
Authored and Edited by Lisa P. London; Morgan E. Smith
Effective January 18, 2025, trademark applicants and registrants will face changes in USPTO trademark fees. The USPTO last increased existing fees and introduced some new fees in 2021. It published its final rule-making on trademark fees on November 18, 2024. The most significant changes are highlighted below.
The USPTO is eliminating its current two-tiered application system, which charged either $250/class (TEAS Plus) or $350/class (TEAS Standard).
Going forward, the USPTO will charge a $350/class fee for a “base application” claiming use, intent-to-use, foreign priority, or a foreign registration. To qualify for this Base Application fee, an application must include the following information:
If an application fails to satisfy any of the requirements for a Base Application, the USPTO will charge a $100/class insufficiency fee. This fee will apply to newly filed applications and to prior-pending TEAS Plus applications that fail to meet the requirements for a Base Application.
Use of the free-form text box to enter a description of goods and services instead of the USPTO’s identification manual will not trigger the $100/class insufficient information fee. The new fee rules impose a different surcharge scheme for applications that use the free-form text box, described in the next section.
The USPTO prefers applicants to select the goods and services in its application directly from the Identification of Goods and Services Manual within the application, as this reduces, if not eliminates, the need for Examining Attorney review of an application’s identification statement.
If an applicant opts to use the application form’s free-text box to enter its own identification statement, the USPTO will charge an additional fee of $200/class. Further, if the identification statement in the free-form text box is greater than 1,000 characters (which includes punctuation and spaces), the USPTO will charge a fee of $200/class for each additional 1,000 characters. The USPTO will not apply the excess character fee to amended identifications that exceed the character limit in response to an Office Action.
Maintenance fees include Declarations of Continued Use (Section 8 or Section 71), Declarations of Incontestability (Section 15), and Renewal Declarations (Section 9). The USPTO is increasing its filing fees for each of these maintenance documents:
The USPTO is increasing the filing fee for in-bound filings under Section 66(a) from $500/class to $600/class. This fee increase will be effective February 18, 2025, as WIPO regulations require three months’ advanced notice before a fee change may enter into force. Due to technical limitations at WIPO, the USPTO is not applying surcharges for insufficient information or for using the free-form text box to enter an identification statement for Section 66(a) applications.
The USPTO is increasing the official fee to file a Letter of Protest from $50 to $150. It is also increasing the fee to file a Petition to the Director from $250 to $400 and the fee to file a Petition to revive an application from $150 to $250.
As a quick reference guide, please see this chart of changed fees and new fees.
Copyright © Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm’s clients.
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