Understanding the Upcoming 2025 Trademark Fee Increases: What You Need to Know

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.

The USPTO fee increases will take more money out of applicants' pockets.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

Trademark Application Filing Fees

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	100	20

Trademark Application Filing Surcharge Fees

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

Statement of Use Fees

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

Post-Registration Maintenance Fees

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

Description	Current fee	Final rule fee	Dollar change	Percent change
Letter of protest	$50	$150	$100	200