Alert – Trademark Fee Changes Effective January 18, 2025

If you’re applying for or maintaining a trademark, changes are coming that you need to know about. Starting January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement updated trademark fees. These changes will affect how much you pay for trademark applications, trademark maintenance filings, and other trademark-related services. Here’s what you need to know and how it may impact your trademark strategy.

Why Are the Trademark Fees Changing?

Trademark fees fund the USPTO’s operations and ensure the system operates efficiently for applicants and owners like you. With rising trademark application volumes, trademark registrations, and increasingly sophisticated fraudulent activities, the USPTO needs additional resources to maintain high-quality service. The updated trademark fees will help:

• Improve Examination and Accuracy: Your application will benefit from faster, more thorough reviews, ensuring your trademark rights are reliable and enforceable.
• Protect Trademark Owners: The USPTO plans to root out unused trademarks that clutter the registry and combat fraudulent filings that could harm legitimate trademark owners.
• Support IT Systems: Enhanced technology will make it easier for you to file, monitor, and manage your trademarks online.
• Reduce Delays: The trademark fee adjustments will allow the USPTO to process applications and other filings more quickly, reducing wait times for applicants and owners.

How Were These Changes Decided?

The USPTO didn’t make these decisions in a vacuum. The process began with a public hearing in June 2023 hosted by the Trademark Public Advisory Committee (TPAC), where trademark professionals and other stakeholders shared their views. Based on that feedback, the USPTO refined its proposal and published a Notice of Proposed Rulemaking in March 2024, inviting additional public comments.

These comments, along with TPAC’s recommendations, were carefully considered and incorporated into the final rule. This collaborative process ensures the trademark fee changes balance the needs of trademark owners like you with the USPTO’s mission to support a reliable trademark system.

How the Changes Will Benefit Trademark Applicants and Owners

The new trademakr fees aren’t just about cost—they’re about value. Here’s how they aim to benefit you:

• Better Fraud Protection: Fraudulent filings and scams can weaken the value of your trademark. The updated trademark fees will support efforts to combat these threats and protect legitimate rights.
• More Reliable Trademark Rights: Accurate and thorough examinations mean stronger protection for your brand, reducing the risk of disputes down the road.
• Efficient Systems: Improved IT infrastructure will make filing and managing your trademarks simpler and more intuitive.
• Faster Processing Times: Reduced delays mean you’ll secure your trademark rights more quickly, whether you’re applying for a new mark or maintaining an existing one.

What Does This Mean for You?

Whether you’re a new applicant or an established trademark owner, these changes will likely affect your trademark strategy. For example:

• New Applications: If you plan to file a new trademark application, consider submitting it before January 18, 2025, to take advantage of current rates.
• Maintenance Filings: Review your upcoming deadlines for Section 8, 9, or 15 declarations to determine whether filing before the trademark fee increase makes sense.
• Budget Planning: If you manage a large portfolio of trademarks, ensure your budget accounts for the new trademark fee structure.
• Fraud Awareness: The increased focus on fraudulent activities is good news for owners, but it’s still essential to monitor your marks and report any suspicious activity.

USPTO’s Commitment to Serving Trademark Owners

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, highlighted the impact of these changes, stating:

“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 means the USPTO is not just raising trademark fees—it’s using them to strengthen the trademark system for everyone.
Next Steps for Trademark Applicants and Owners

To prepare for the trademark fee changes:

• Review Your Filings: Identify any upcoming deadlines for applications, renewals, or maintenance filings.
• Plan Ahead: If you want to avoid higher trademark fees, consider filing early.
• Seek Professional Advice: If you’re unsure how these changes affect your filings or portfolio, consult with a trademark attorney..

Key Changes to USPTO Trademark Application Fees

Previously, the USPTO had two application tiers—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 application’s completeness.

Additional Fees For Inaccurate and Incomplete Applications

To encourage applicants to submit complete 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 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 details about the updated trademark fees, visit the USPTO Fee Setting Section.

The updated trademark fees reflect the USPTO’s commitment to protecting the value of your trademarks while improving efficiency and combating fraud. Staying informed and proactive will help you navigate these changes and safeguard your brand.