Alert – 2025 USPTO Trademark Fee Changes

If you’re applying for or maintaining a trademark, it’s essential to be aware of upcoming changes to trademark fees. Starting January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement a new fee structure that affects trademark applications, trademark maintenance filings, and other trademark-related services. These adjustments are designed to improve the efficiency, accuracy, and reliability of the trademark registration process. Below, we’ll break down the changes, their purpose, and what they mean for trademark applicants and owners.

Why Are Trademark Fees Changing?

Trademark fees fund the USPTO’s operations, ensuring it has the resources to deliver high-quality service. Over the years, increasing trademark application volumes, fraudulent filings, and the need for modern technology have placed new demands on the USPTO. The updated trademark fees will address these challenges and support:

• Improved Examination and Review Processes: Higher fees will help fund faster and more thorough reviews of trademark applications, ensuring your rights are secure and reliable.
• Fraud Protection: The USPTO is investing in programs to combat fraudulent filings and eliminate unused trademarks from the register, creating a more transparent and accurate system for trademark owners.
• Modern IT Systems: Upgraded technology will make filing and maintaining trademarks easier for applicants and owners, providing a smoother user experience.
• International Registration Basis: It provides a foundation for seeking trademark protection in foreign countries.

How Were These Changes Decided?

The USPTO undertook a deliberate and collaborative process to determine the new trademark fees. In June 2023, the Trademark Public Advisory Committee (TPAC) hosted a public hearing where stakeholders, including attorneys, business owners, and other trademark users, shared their views. Following the hearing, TPAC issued a report summarizing feedback and providing recommendations.

In March 2024, the USPTO published a Notice of Proposed Rulemaking, giving the public another opportunity to weigh in. Comments from this period were carefully reviewed and incorporated into the final rule. This thoughtful approach ensured the new fee structure reflects the needs and concerns of the trademark community while addressing the USPTO’s operational requirements.
What the Updated Trademark Fees Mean for You

The updated trademark fees are more than just a price increase—they are an investment in the trademark system. Here’s how the changes will benefit applicants and owners:

• Stronger Trademark Rights: Accurate examinations result in reliable trademark registrations, reducing the likelihood of costly disputes over invalid marks.
• Fraud Prevention: The USPTO is ramping up efforts to detect and combat fraudulent filings, protecting legitimate trademark owners from harm.
• Faster Trademark Processing: Shorter wait times for application reviews mean you’ll establish your rights sooner, giving your brand a competitive edge.
• User-Friendly Systems: Upgraded IT systems will make it easier to file applications, track progress, and manage maintenance filings, saving time and reducing errors.

These improvements are critical for trademark owners who rely on their registrations to protect their brands and ensure fair competition in the marketplace.

Practical Steps to Navigate the Fee Changes

Whether you’re planning to file a new trademark application or maintain an existing one, it’s essential to prepare for the updated trademark fees. Here’s how:

• For New Applicants: If you’re considering filing a trademark application, submit it before January 18, 2025, to take advantage of current fees. This can save you money, particularly if you’re filing multiple applications.
• For Trademark Owners: Review your portfolio to identify upcoming maintenance deadlines, such as Section 8 or Section 9 filings. Filing before the fee changes could reduce your costs.
• Budget Adjustments: Businesses with large portfolios should account for the higher fees in their trademark management budgets.
• Seek Professional Guidance: If you’re uncertain how these changes will impact your filings or portfolio, consult a trademark attorney. They can provide tailored advice to help you avoid unnecessary expenses and delays.

USPTO’s Commitment to Trademark Owners

The USPTO has emphasized that the fee changes are designed to strengthen the trademark system for all users. Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, noted:

“Our updated trademark fees will allow us to develop new ways to fight fraud, support our colleagues and stakeholders with reliable IT infrastructure, and enhance our work to reduce trademark pendency. We thank our stakeholders and the public for the thoughtful, constructive feedback reflected in the final rule and look forward to continuing to serve America’s entrepreneurs.”

This highlights the USPTO’s focus on ensuring the trademark system remains fair, efficient, and protective of legitimate trademark owners.

Stay Ahead of the Changes

To help you prepare for the updated trademark fees, consider these steps:

• Plan Ahead: Review your filing strategy for new applications and upcoming maintenance deadlines.
• Take Advantage of Current Rates: File applications or maintenance filings before January 18, 2025, if possible, to avoid higher fees.
• Monitor Updates: Keep an eye on USPTO announcements for detailed guidance on the fee structure.
• Seek Professional Guidance: If you’re uncertain how these changes will impact your filings or portfolio, consult a trademark attorney. They can provide tailored advice to help you avoid unnecessary expenses and delays.

Key Changes to USPTO Trademark Application Fees

Previously, the USPTO had two trademark application options—TEAS Plus ($250 per class) and TEAS Standard ($350 per class). These have now been consolidated into a single “base application” form with a $350 per class fee for applications under Sections 1 and 44 of the Trademark Act (use-based, intent-to-use, and foreign-based applications). Additional fees will apply based on the trademark application’s completeness.

Additional Fees For Inaccurate and Incomplete Applications

To encourage applicants to submit complete trademark applications, the USPTO is implementing new fees for missing information and the use of free-form text descriptions:

• A $100 fee per class will apply if an application under Sections 1 or 44 lacks sufficient required information.
• If applicants use a free-form text box rather than selecting goods and services from the Trademark ID Manual, they will be charged $200 per class.
• If the Trademark ID Manual does not accurately describe an applicant’s goods and services, the filing fee increases to $550 per class (instead of $350).
• Additionally, for every extra 1,000 characters used in a free-form text box, an extra $200 fee per class will apply.

Given the time required to craft identifications that comply with the Trademark ID Manual, many trademark applicants have previously relied on free-form descriptions. However, with potential costs reaching $550 per class—or even more for extended descriptions—carefully considering the best filing strategy is crucial. Our firm will guide you through the process to minimize unnecessary fees while ensuring your USPTO trademark application is accurately structured.

Increase In Madrid Protocol Application Fees

For international trademark applicants under the Madrid Protocol, there will be an increase in the trademark application fee for Section 66(a) trademark filings. The new fee for filing a trademark application via WIPO (World Intellectual Property Organization) will be raised to $600 per class, up from $500.  Similarly, the subsequent designation fee fro Madrid Protocol filings will also increase from $500 to $600 per class.

Post Registration Trademark Maintenance Fee Increases

As part of the trademark fee adjustments effecting on January 18, 2025, the USPTO is increasing the fees associated with post-registration trademark maintenance filings.

• Section 9 registration renewal applications will increase from $300 to $325 per class
• The Section 8 declaration fee will rise from $225 to $325 per class
• The Section 15 declaration fee, which affirms the incontestability of a trademark, will also see an increase from $200 to $250 per class
• The Section 71 declaration fee, which is required for the continued registration of a U.S. trademark owned by a foreign registrant, will rise from $225 to $325 per class

Trademark Petition And Protest Fee Increases

Intent To Use Trademark Application Increases

The USPTO has also raised the fees for Intent To Use Trademark Application Filings, specifically Amendment to Allege Use (AAU) and Statement of Use (SOU) filings.

For more information, visit the USPTO Fee Setting Section.

Conclusion

The upcoming trademark fee changes reflect the USPTO’s commitment to delivering a reliable, efficient trademark system. While the changes may increase costs for applicants and owners, they also provide enhanced services, stronger protection, and better tools to navigate the registration process. By staying informed and proactive, you can manage these changes effectively and continue to protect your trademarks with confidence.