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BFV Perspectives, Corporate Matters, | Jan 13, 2025

New Year, New USPTO Trademark Filing Fees

The United States Patent and Trademark Office (USPTO) has announced fee adjustments that will impact trademark filings effective January 18, 2025.

What Are the Key Changes to USPTO Trademark Filing Fees for 2025?

The most significant change in 2025 is an increase in the filing fees for electronic and paper trademark applications. Below are the details of the updated fees:

1. TEAS Standard Filing Fee

The Trademark Electronic Application System (TEAS) is the USPTO’s online platform for filing trademark applications. In 2025, the TEAS Standard application filing fee was raised from $350 per class of goods or services to $375 per class. This represents a 7% increase.

2. TEAS Plus Filing Fee

The fee remains lower than the TEAS Standard for applicants who file using the TEAS Plus system, which has a more rigorous set of requirements (such as a stricter set of goods/services descriptions). In 2025, the fee for a TEAS Plus application will increase from $250 per class to $275 per class, an increase of 10%. TEAS Plus is still a great option for applicants familiar with the goods and services descriptions and can meet the TEAS Plus requirements.

  • Summary of difference between TEAS Standard and TEAS Plus Applications:
  • TEAS Plus: Has stricter requirements. For example, the applicant must select goods/services from the USPTO’s pre-approved list (the Acceptable Identification of Goods and Services Manual). It also requires the applicant to meet all of the USPTO’s specific filing requirements, including:
    • Agree to file electronically.
    • Provide more detailed information about the applicant and their mark.
  • TEAS Standard: This option offers more flexibility in describing goods and services. The applicant can use custom descriptions, though they may be subject to additional review or objections. While still largely electronic, this option allows more leeway regarding how goods/services are described and other specific details.

3. Section 66(a) Applications (Madrid Protocol): Fee increases from $500 to $600 per class.

4. Paper Filing Fee

If you choose to file your trademark application on paper, the USPTO has significantly raised the filing fee from $750 per class to $1,000 per class. The substantial increase emphasizes the USPTO’s desire to encourage electronic filing, which is more efficient and reduces administrative costs. While paper filing is still available, it is advisable to file electronically to avoid the higher costs and potential delays associated with paper submissions.

  1. Statement of Use and Extensions

The fee for filing a Statement of Use (the document proving that the trademark is being used in commerce after registration) will also increase. The fee for filing a Statement of Use (or a request for an extension) will rise from $100 to $150 per class.

  1. Other Fee Changes

Post-registration maintenance fees have also increased.  There are also changes to fees for specific types of filings. For example, the fee for filing a Request for Reconsideration of an Examiner’s Refusal will increase. However, these adjustments tend to affect more specialized cases and are less relevant for general trademark applicants. For example:

  • Additional Fees for Incomplete Applications:
    • Insufficient Information: $100 per class.
    • Use of Custom Goods/Services Identifications:
      • Base Fee: $200 per class.
      • Each Additional 1,000 Characters Beyond the First 1,000: $200 per affected class.
  • Post-Registration Maintenance Fees:
    • Section 9 Renewal Application: Increases from $300 to $325 per class.
    • Section 8 Declaration: Increases from $225 to $325 per class.
    • Section 15 Declaration: Increases from $200 to $250 per class.

For a comprehensive summary of fee changes, please refer to the USPTO’s website.

Why Are the USPTO Trademark Fees Increasing?

These adjustments are part of the USPTO’s regular biennial review, which ensures adequate funding for its operations and promotes efficient administration of the U.S. intellectual property system.

The USPTO cites inflation, rising operational costs, and a need for increased investment in technology as the primary drivers behind the fee increases.  Moreover, the increased fees are designed to balance the costs of serving the public and the USPTO’s goal of sustaining the trademark system. The new fees are intended to better align with the actual cost of processing each trademark application by the USPTO.

How Can Businesses Prepare for the New Fees?

The increase in trademark filing fees for 2025 may affect businesses differently depending on the number of trademarks they intend to register. Here are a few tips to help prepare:

1. Budget Accordingly

Businesses planning to file trademarks in 2025 should account for the increased filing fees in their budgets. The cost per class will rise, so businesses should assess how many trademarks they must protect and factor in the potential fee increases.

2. Consider TEAS Plus for Savings

If your trademark application meets the requirements for the TEAS Plus system, opting for the lower fee of $275 per class is a cost-saving move. While the application is more stringent, it may still be the most cost-effective option for many businesses.

3. Use Professional Help When Needed

Trademark filing can be complex, especially for businesses with multiple classes of goods or services. Working with a trademark attorney or professional can help streamline the process and ensure that you meet all necessary requirements, potentially saving time and money in the long run.

As an attorney focusing on brand protection and enforcement, I handle trademark prosecution for businesses, including trademark clearance searches, federal trademark applications, and proceedings before the Trademark Trial and Appeal Board (TTAB). I also represent businesses in trademark litigation matters. Please contact me if you want legal assistance in these areas.

BFV Perspectives, Corporate Matters, | Jan 13, 2025
Cher Gregoire
Cher Gregoire