CSG Law Alert: USPTO Announces Trademark Filing Fee Increases & Changes to Application Filing Procedures Effective January 18, 2025
The United States Patent and Trademark Office (“USPTO”) recently announced that it will be adjusting certain trademark prosecution and trademark maintenance filing fees effective January 18, 2025. The USPTO last adjusted fees in early 2021. In addition to fee increases (the majority of the changes), the USPTO is also making substantial changes to application filing options. This client alert discusses the changes that will most commonly impact CSG Law clients.
Trademark Application Procedural Changes & New Surcharge Fees
The USPTO will discontinue both the TEAS Plus and TEAS Standard electronic filing options and will introduce a single electronic base application for a fee of $350 per class.
- As a part of the single electronic base application, the USPTO will require an additional fee of $200 per class for applicants that utilize the free-form text entry option to customize the goods and services in the application rather than use the pre-populated list of goods and services set forth in the USPTO’s Acceptable Identification of Goods and Services Manual. This change will significantly impact how applicants and their attorneys can tailor applied-for goods and services.
- The USPTO will also implement a fee of $200 per class for each additional 1,000 characters used to describe the goods and services in an application (beyond the first 1,000) characters. This change is designed to encourage applicants to be concise and avoid overly broad or repetitive identifications.
- The USPTO will introduce a fee of $100 per class for applications which fail to meet the requirements for its new base application. This fee will not apply to applications that fail to classify or identify goods and services correctly.
Additional Fee Increases
The USPTO has also announced the following fee increases:
- The cost to electronically file an Allegation of Use (a/k/a Statement of Use), which is required for Intent-to-Use based Applications to register, will increase to $150 per class – up from $100 per class.
- The cost to electronically file a Section 8 Declaration, which is periodically required to maintain federal registrations, will increase to $325 per class – up from $225 per class.
- The cost to electronically file a Section 9 Renewal Application, which is periodically required to maintain federal registrations, will increase to $325 per class – up from $300 per class.
- The cost to electronically file the optional Section 15 Declaration, which allows a trademark to become incontestable, will increase to $250 per class – up from $200 per class.
- The fee to file a Letter of Protest, which third parties can file to bring certain evidence to the attention of the USPTO as to why an application should be refused registration, will increase to $150 – up from $50.
- The USPTO will also be increasing the fees associated with two types of commonly filed petitions, specifically:
- The cost to electronically file a Petition to Revive an Application, which is required to reinstate an application that was inadvertently abandoned, will increase to $350 – up from $250.
- The cost to electronically file a Petition to the Director, which is utilized in a variety of situations to ask the USPTO to waive certain rules, will increase to $400 – up from $250.
The USPTO continues to incentivize the use of electronic filing by applicants by keeping electronic filing fees lower than the fees associated with paper filings. The full schedule of fee changes can be viewed here.
In light of these changes, it remains crucial for applicants, registrants, and trademark owners to consult with an experienced trademark practitioner to develop a filing strategy that not only addresses references that could form the basis for a likelihood of confusion refusal, but also to ensure that their application complies with all of the necessary requirements to avoid unnecessary deficiency fees.
If you have questions about how these changes may affect you, please contact your CSG Law attorney or one of the authors of this alert.