On November 19, 2024, the United States Patent and Trademark Office (USPTO) anounced significant changes to the trademark fees. These increases are set to take effect on January 18, 2025. The USPTO says that the 2025 trademark fee increases are part of their efforts to balance operational costs and ensure efficient processing of trademark applications and post-registration maintenance. Here’s a breakdown of the trademark fee increases you can expect and how these changes might impact you.
- Trademark Application Filing Fees
One of the most notable changes is the increase in U.S. trademark application fees. The Trademark Office is doing away with the distinction between TEAS and TEAS+ fees (which were previously $350 or $250; TEAS+ required you to use a pre-approved description of goods or services). Now, the base electronic application fee is $350 across the board. Other electronic filing options have also seen adjustments. For example, the application fee filed with World Intellectual Property Organization under section 66(a) will increase from $500 to $600 per class—a 20% increase.
- Introduction of New Surcharge Fees
A significant addition to the fee structure is the $200 surcharge for using the free-form text box. Additionally, applicants who enter identifications that exceed 1,000 characters will incur an additional $200 fee per extra 1,000 characters (including punctuation and spaces). This move aims to cover the costs of reviewing lengthy “blockbuster” applications and encourage the use of standardized identifications.
- Amendments and Statements of Use Fees
Both the Amendment to Allege Use (AAU) and Statement of Use (SOU) trademark fees will increase in 2025 by $50 per class, whether filed on paper or electronically. For electronic filings, this represents a 50% increase, underscoring the push towards more digital transactions.
- Post-Registration Maintenance Fees
Post-registration maintenance fees are also on the rise. The Section 8 renewal declaration fee for electronic filings will jump from $225 to $325 per class, a 44% increase. Similarly, the Section 71 declaration fee will see the same increase, emphasizing the importance of maintaining trademark registrations diligently.
- Letter of Protest Fee
The fee for filing a Letter of Protest that interested parties can file to give the USPTO a heads up about a problematic application will triple from $50 to $150. The USPTO has noted that this 200% increase reflects the resources involved with processing Letters of Protest.
Implications for Trademark Owners and Applicants
The higher frees highlight the need for trademark owners and applicants to carefully plan their filings and use standard descriptions wherever possible. The increased costs underscore the importance of precise and efficient trademark management, particularly for businesses with extensive portfolios or those frequently engaging in international filings.
Preparing for the Change
To accommodate these changes, it is advisable to review your trademark strategies and budget accordingly. Consider consulting with a trademark attorney to ensure that your filing processes are optimized and that you’re aware of all available options to minimize costs where possible.
For further details on the fee changes, you can visit the USPTO’s official announcement here.
Fee Information
| Description | Current Fee | Final Rule Fee | Dollar Change | Percent Change |
|---|---|---|---|---|
| Application (paper), per class | $750 | $850 | $100 | 13% |
| Base application (electronic), per class | n/a | $350 | n/a | n/a |
| Application (TEAS Plus), per class | $250 | Discontinue | n/a | n/a |
| Application (TEAS Standard), per class | $350 | Discontinue | n/a | n/a |
| Fee for failing to meet TEAS Plus requirements, per class | $100 | Discontinue | n/a | n/a |
| Application fee filed with WIPO (section 66(a)), per class | $500 | $600 | $100 | 20% |
| Subsequent designation fee filed with WIPO (section 66(a)), per class | $500 | $600 | n/a | n/a |
Additional Fee Information
| Description | Current Fee | Final Rule Fee | Dollar Change | Percent Change |
|---|---|---|---|---|
| Fee for insufficient information (sections 1 and 44), per class | n/a | $100 | n/a | n/a |
| Fee for using the free-form text box to enter the identification of goods/services (sections 1 and 44), per class | n/a | $200 | n/a | n/a |
| For each additional group of 1,000 characters beyond the first 1,000 (sections 1 and 44), per class | n/a | $200 | n/a | n/a |
Additional Fee Information
| Description | Current Fee | Final Rule Fee | Dollar Change | Percent Change |
|---|---|---|---|---|
| Statement of use (SOU), per class (paper) | $200 | $250 | $50 | 25% |
| Amendment to allege use (AAU), per class (electronic) | $100 | $150 | $50 | 50% |
| Statement of use (SOU), per class (electronic) | $100 | $150 | $50 | 50% |
Renewal & Declaration Fee Information
| Description | Current Fee | Final Rule Fee | Dollar Change | Percent Change |
|---|---|---|---|---|
| Section 9 registration renewal application, per class (electronic) | $300 | $325 | $25 | 8% |
| Section 8 declaration, per class (electronic) | $225 | $325 | $100 | 44% |
| Section 15 declaration, per class (electronic) | $200 | $250 | $50 | 25% |
| Section 71 declaration, per class (electronic) | $225 | $325 | $100 | 44% |
| Renewal fee filed at WIPO | $300 | $325 | $25 | 8% |
Letter of Protest Fee Information
| Description | Current Fee | Final Rule Fee | Dollar Change | Percent Change |
|---|---|---|---|---|
| Letter of protest | $50 | $150 | $100 | 200% |
