The United States Patent and Trademark Office (“USPTO”) recently issued a final rule adjusting certain trademark fees for United States trademark applications and registrations. Most aspects of the rule go into effect January 18, 2025, so practitioners and rights holders should be ready for the change and plan ahead to avoid unnecessary costs if possible.
Fee Changes
Unlike the across-the-board 7.5% fee increase issued on the patent side of the USPTO, the trademark fee increases are a bit more surgical, with different changes to 28 individual actions.
Notable changes include:
- Introduction of a single base application
While applicants previously had the option to file a TEAS Plus or TEAS Standard application, the new system provides a single base application option for applications filed under Sections 1 (based on use or intent to use) and 44 (based on foreign registration). Depending on the complexity and completeness of applications, applicants may see additional fees.
- Additional fees for use of free-form text
With the removal of the TEAS Standard application, applicants must now pay an additional $200 per class to use a free-form text box for goods and services for Section 1 and 44 applications. Essentially, filing for any goods or services that cannot be found in the Trademark ID Manual will come with an automatic $200/class fee, covering up to 1,000 text characters per class.
- Additional fees for lengthy goods/services descriptions
Using the free-form text box for goods/services that exceed 1,000 text characters per class will now come with a $200 surcharge per additional 1,000 characters. For example, a goods description reaching 2,500 characters will now come with an additional $400 surcharge. This character limit does not apply when using standard goods/services from the Trademark ID Manual.
Notably Section 66 (WIPO) applications are not subject to the same types of surcharges for lengthy goods/services descriptions. Rather, the USPTO has merely increased the filing fee by $100 per class. This change for WIPO applications goes into effect slightly later, on February 18, 2025.
Practical Implications
The main messaging from these changes is efficiency, efficiency, efficiency. Given the addition of various extra fees for lengthy or non-standard filing descriptions, applications missing basic information, and extra classes in general, applicant’s may be encouraged to “tighten up” filing strategies.
One way in which practitioners may be more economical long term is by using the USPTO’s TMID Manual entry suggestion tool. The USPTO accepts suggestions for entries into the Manual by emailing tm*********@us***.gov . For applicants who may re-use goods/services descriptions that do not appear in the TMID Manual, this may be an effective tool for avoiding the free-form text fee discussed above.
Summary of Important Changes
*This chart is for informational purposes only.
