The United States Patent and Trademark Office (USPTO) has introduced new trademark fees for 2025. These changes are designed to address increased operating costs and examination times and they will impact many routine trademark proceedings. The new rules and fees particularly pertain to goods and services identifications. They aim to discourage "kitchen sink" filings and poorly worded or misclassified goods and services by imposing additional fees for incomplete applications or those containing custom identifications of goods or services. There are also fee increases for a variety of filing categories (detailed in item 4 below).
Key Changes to Trademark Filing Fees
- Base Application Fees:
- The former options to file a TEAS Standard or TEAS Plus application have been consolidated into a single base application fee of $350 per class.
- Fees for Madrid applications for foreign filings have increased to $600 per class.
- Free-Form Text Box Fees:
- Using the free-form text box instead of the drop-down list to identify goods and services for applications filed under Sections 1 and 44 will result in a $200 fee per class.
- Each additional group of 1,000 characters in the free-form text box beyond the first 1,000 for applications filed under Sections 1 and 44 will incur a $200 fee per class.
- Insufficient Information Fee:
- If the USPTO determines that an applicant has provided insufficient or incomplete information in the initial application, a $100 fee per class will be imposed.
- Additional Fees for Federal Trademark Registration Holders:
- Letter of protest fees will increase from $50 to $150.
- Petitions to the director will increase from $250 to $400.
- Petitions to revive applications will now cost $250.
- Filing a statement of use will now cost $150 per class, up from the previous $100 fee.
- Filing an amendment to allege use will increase to $250 per class.
Implications for Trademark Applicants and Attorneys
These changes will undoubtedly affect best practices in trademark filings. Existing trademark portfolio holders and new applicants alike should work with counsel to evaluate their strategies for trademark expansion, brand protection and budgeting in light of these changes.
In the past applicants could file applications with imperfectly worded or misclassified goods and services and the trademark examiner would revise the goods and services to conform to USPTO specs. Now, it is especially important to consult with attorneys to meticulously review applications to ensure they are thorough, include sufficient details and comply with the USPTO rules from the outset in order to avoid unnecessary fees.
Conclusion
The new USPTO trademark fees for 2025 are designed to improve examination efficiency and reduce pendency by encouraging more complete applications. However, they also introduce new cost implications for trademark applicants and attorneys. By adjusting their filing strategies accordingly, applicants can avoid unnecessary fees and ensure a smoother application process.
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