The United States Patent and Trademark Office (USPTO) has recently announced significant updates to its trademark application process and fee structure. Effective February 18, 2025, these changes impact both domestic and international trademark applicants. This blog shares key updates and insights on trademark protection. Here are a few key takeaways from the new fee structure and what they mean for trademark applicants.
A trademark typically protects brand names and logos used on goods and services. It helps customers recognize you in the marketplace and distinguish you from competitors. A trademark can be a word, phrase, symbol, design, or a combination of these elements that identifies your goods or services. Registering with the USPTO allows you to enforce your rights against unauthorized use. While not required, registration is especially beneficial for businesses operating across state and international borders. Registering a trademark with the USPTO requires paying a fee. The USPTO reviews these fees every two years and may increase them if necessary.
The term “trademark” covers both trademarks (used for goods) and service marks (used for services). A trademark:
- Identifies the source of your goods or services.
- Provides legal protection for your brand.
- Helps guard against counterfeiting and fraud.
New Trademark Application Process: Filing Through the Trademark Center
One of the most notable updates is the requirement that all trademark applications must now be filed through the Trademark Center on the USPTO website. This change replaces the previous TEAS (Trademark Electronic Application System) options, consolidating application submissions into a single platform.
The USPTO states that this unified filing system enhances user experience by providing:
- Streamlined application tracking
- Easier document management
- A consistent interface for all applicants
Businesses and individuals used to TEAS Plus or TEAS Standard must now adjust to a single streamlined process with updated fees.
Key Changes to the USPTO Trademark Fee Structure:
- Single Base Fee for All Applications
The USPTO has streamlined its application process by introducing a single base fee of $350 per class for all applications filed under Sections 1 and 44 of the Trademark Act. This eliminates the previous TEAS Plus option, which allowed applicants to file at a reduced rate of $250 per class.
This change affects all applicants by raising the baseline cost per class, regardless of the application format used. For small businesses or startups with limited budgets, this increase may affect their filing strategies.
- New Surcharge Fees
The USPTO’s Final Rule introduces three new surcharge fees for applications under Sections 1 and 44:
- A $100 per class fee applies if the application lacks essential details such as the type of entity, basis for the application, or trademark specifics.
- A $200 per class surcharge applies if applicants use the free-form text box instead of selecting from the USPTO’s Acceptable Identification of Goods and Services Manual (ID Manual). This surcharge poses challenges for businesses offering specialized or unique services, where predefined descriptions may not be suitable.
- A $200 fee applies for every additional 1,000 characters beyond the initial 1,000-character limit in the free-form text box. However, applicants using identifications from the ID Manual are exempt from this fee, even if their descriptions exceed the limit.
- Increases in Post-Registration Maintenance Fees
To maintain trademark registrations, the USPTO has increased the following fees:
- Section 9 Renewal Fees: From $300 to $325 per class.
- Section 8 Declarations of Use: From $225 to $325 per class.
- Section 15 Declarations of Incontestability: From $200 to $250 per class.
- Section 71 Declarations (foreign registrants): From $225 to $325 per class.
These fee adjustments emphasize the importance of timely and accurate post-registration filings to maintain trademark rights.
- Changes in Petitions and Letters of Protest Fees
Applicants and registrants should note increased fees in:
- Petition to the Director: From $250 to $400.
- Petition to Revive an Application: From $150 to $250.
- Letter of Protest: From $50 to $150.
These increases may impact those challenging applications or seeking to revive abandoned applications.
- Intent-to-Use Fees Adjustments
For the first time since 2002, the USPTO has raised:
- Amendment to Allege Use Fee: From $100 to $150 per class.
- Statement of Use Fee: From $100 to $150 per class.
These changes are in response to the growing number of questionable specimens submitted, which have required additional examination resources.
Implications for Applicants and Businesses
These fee increases and application adjustments highlight the USPTO’s focus on streamlining the examination process and addressing workload challenges. However, they also create new financial considerations for businesses, especially those operating in specialized markets where predefined descriptions in the ID Manual may not suffice.
Strategies for Trademark Applicants
- Plan for Higher Filing Costs: Budget for the $350 per class base fee and consider potential surcharges.
- Use the ID Manual Where Possible: To avoid the $200 free-form text box surcharge and potential character limit fees.
- Provide Complete Applications: Avoid the $100 insufficient information fee by ensuring all required details are included.
- Strategic Drafting of Descriptions: When unique descriptions are necessary, limit character counts to minimize additional fees.
- Timely Post-Registration Filings: Plan for increased maintenance fees to ensure continued protection of your trademark.
Conclusion
The USPTO’s updated trademark application process and fee structure aim to streamline applications and ensure thorough review processes. While these changes come with higher fees, understanding how they affect your application strategy is essential. The upcoming adjustments to the USPTO trademark fee structure, effective January 18, 2025, highlight the importance of staying informed about changes that may impact your trademark strategy. Understanding these updates allows businesses and individuals to plan accordingly, ensuring smooth registration processes and continued protection of their intellectual property. By adapting to the revised fee structure, trademark applicants can better safeguard their brands in an increasingly competitive market.