The United States Patent and Trademark Office has finalized adjustments to trademark fees, effective January 18, 2025. These changes are designed to enhance efficiency and promote more accurate filings. Businesses and legal professionals should prepare for these modifications to prevent unforeseen financial impacts.
Key Fee Changes
A unified base application for trademark filings under Sections 1 and 44 is now in place. Previously, applicants had the option to file either a TEAS Plus or TEAS Standard application. These options are now consolidated into a single streamlined process. This change may result in additional charges depending on the complexity and completeness of the application.
Applicants who use free-form text to describe goods and services will now pay an extra $200 per class. This applies to any description that cannot be found in the Trademark ID Manual. The USPTO defines characters as including punctuation and spaces, with a limit of 1,000 characters per class.
If a description exceeds 1,000 characters, an additional $200 surcharge applies for each extra 1,000 characters. For example, a 2,500-character description would incur a $400 surcharge. This rule does not apply to applications using the Trademark ID Manual.
WIPO applications, which fall under Section 66, are subject to a $100 per class increase, effective February 18, 2025. The USPTO has also discontinued the TEAS Standard and TEAS Plus application options, which are no longer available for new filings.
Practical Implications
The changes highlight a focus on efficiency and accuracy in trademark filings. Applicants are encouraged to refine their descriptions to avoid extra fees. Utilizing the Trademark ID Manual and the USPTO’s TMID Manual entry suggestion tool can help avoid the free-form text surcharge.
For those who frequently use non-standard descriptions, submitting suggestions for new entries to the TMID Manual may provide long-term cost savings. This proactive approach can help businesses maintain compliance and reduce unexpected expenses. The rise of counterfeit goods necessitates diligent trademark protection.
Summary of Fee Changes
| Fee Description | Current Fee | Fee as of 1/18/25 | Fee Change | Notes |
|---|---|---|---|---|
| Base application (Sections 1 and 44) | N/A | $350, per class | New fee | TEAS Plus and TEAS Standard application filing options merged to single “base application” filing option. |
| Insufficient information in application (Sections 1 and 44) | N/A | $100, per class | New fee | Surcharge applies if Section 1 or 44 application fails to satisfy any of the requirements under 37 CFR § 2.22(a)(1) - (19). |
| Use of free-form identification of goods/services (Sections 1 and 44) | N/A | $200, per class | New fee | Free-Form Text for Goods/Services Surcharge applies for each class where the free-form text box is used instead of the ID Manual function. |
| FREE-FORM TEXT IDs ONLY | Each additional group of 1,000 characters after the first 1,000 | N/A | $200, per class | New fee |
| WIPO application/subsequent designation (Section 66(a)) | $500, per class | $600, per class | ↑$100, per class | Goes into effect February 18, 2025. |
| TEAS Standard application | $350, per class | N/A | Discontinued | TEAS Standard application filing option discontinued. |
| TEAS Plus application | $250, per class | N/A | Discontinued | TEAS Plus application filing option discontinued. |
| Failing to meet TEAS Plus requirements | $100, per class | N/A | Discontinued | TEAS Plus application filing option discontinued. |
| Amendment to Allege Use (AAU) | $100, per class | $150, per class | ↑$50, per class | |
| Statement of Use (SOU) | $100, per class | $150, per class | ↑$50, per class | |
| Renewal (Section 9) | $300, per class | $325, per class | ↑$25, per class | |
| Declaration of Use (Sections 8 or 71) | $225, per class | $325, per class | ↑$100, per class | |
| Affidavit of Incontestability (Section 15) | $200, per class | $250, per class | ↑$50, per class | |
| Renewal fee filed at WIPO | $300 | $325 | ↑$25 | Goes into effect February 18, 2025. |
| Letters of Protest | $50 | $150 | ↑$100 | |
| Petitions to the Director | $250 | $400 | ↑$150 | |
| Petitions to Revive | $150 | $250 | ↑$100 |
This chart is for informational purposes only.
With these changes, businesses must be more careful than ever when preparing their trademark filings. A single mistake or oversight can lead to additional costs and delays. This is why it’s important to have a reliable system in place to monitor and protect your trademarks. Trademark Law and diligent oversight are essential for success.
IP Defender is a trademark monitoring service that helps businesses protect their intellectual property by monitoring national trademark databases for conflicts and infringements. By staying ahead of potential issues, companies can avoid costly legal battles and preserve the value of their brand.
IP Defender is here because trademark ownership requires owners to protect their intellectual property from infringement and conflicts and be able to prove owners took care of their trademarks in case of disputes. With continuous monitoring, IP Defender ensures that your brand remains secure in a rapidly changing marketplace.