The USPTO will set or adjust numerous trademark fees on January 18, 2025. The USPTO’s summary table of the key changes is available at the end of this alert.
According to the USPTO’s announcement about the fee changes, the increases are motivated by a variety of factors including the USPTO’s costs and revenue balancing, recommendations from the Trademark Public Advisory Committee (TPAC), and the relevant public comments received from March-May 2024.1 The fee increases are relatively modest, particularly as compared to the increases in patent fees.
A few notable updates that will have more of an impact on the way practitioners practice include the following.
Applications
The distinction between a TEAS Standard and TEAS Plus application is disappearing. For Sections 1 and 44 applications, there will only be one base application fee of $350 per class, which is subject to additional fees.
These additional fees include several financial disincentives to encourage efficiency: a $100 fee for insufficient information, a $200 fee for custom identifications of goods or services, and a $200 fee for each 1,000 additional characters in a free-form text box.
The fee for “insufficient information” applies for failing to include the standard requirements for a base application, such as applicant’s name, domicile address, and entity. Beyond that basic information, this fee will also apply if the initial application does not include details such as an English translation of non-English wording, a description of a design mark, information relating to an individual’s name and likeness, a U.S. attorney for non-U.S. applicants, and more. The various extra charges aim to incentivize complete applications and increase efficiency.
Intent-to-use Fees
This is the first time the USPTO has changed the Statement of Use and Amendment to Allege Use fees since 2002. In order to account for “questionable” specimens that require Office Actions, both the Statement of Use and Amendment to Allege Use fees will now be $150 per class.
For more information on patent fee changes, please click here.
END NOTES
1 Setting and Adjusting Trademark Fees During Fiscal Year 2025, A Rule by the Patent and Trademark Office on November 18, 2024, available here.
