Effective January 18, 2025, the new The United States Patent and Trademark Office (USPTO) trademark fee schedule significantly increases the cost of filing new trademark applications. The USPTO implemented a single, higher “base application fee” of $350 per class, along with additional surcharges for identification of goods and services that are outside the norms of the Trademark Identification Manual of pre-approved descriptions, listings of goods/services that are larger than 1000 characters, and/or incomplete information. These increases may potentially and significantly impact your budget for trademark protection and may require more thorough application preparation upfront.
The Value of Strategic Planning
These government fee increases may impact various aspects of trademark prosecution, maintenance, and enforcement. As trademark practitioners, it is essential to understand the scope of these changes and their potential implications for clients. The changes highlight the importance of proactive trademark management. We recommend a comprehensive review of your trademark portfolio to evaluate pending applications and existing registrations in order to anticipate fee increases and compliance requirements.
Strategic Considerations
- Proactive Portfolio Management
Given the increased costs associated with opposition and cancellation proceedings, brand owners should conduct thorough clearance searches prior to filing applications to mitigate the risk of later disputes. - Early and Accurate Maintenance Filings
The increased maintenance fees, coupled with new fees for late filings and deletions, underscore the importance of proactive docketing and early submission of renewal documents. - Efficient Use of the TEAS Plus System
Clients should be advised to use TEAS Plus filings whenever feasible to take advantage of the lower per-class fees, provided they can meet the stricter requirements. - Budgeting for Enforcement Actions
The increase in TTAB filing fees may lead to a shift in strategy, with some clients opting for alternative dispute resolution mechanisms rather than formal opposition or cancellation proceedings.
These fee increases represent a shift in the cost structure of trademark prosecution and enforcement in the U.S. Practitioners should proactively advise clients on these changes and adjust filing, maintenance, and enforcement strategies accordingly. By implementing forward-looking docketing and budgetary measures, clients can continue to safeguard their trademarks without incurring unnecessary costs.
Key Details About the 2025 Trademark Fee Changes:
Base Application Fee: A uniform $350 per class fee applies to all new trademark applications.
Elimination of TEAS Plus and TEAS Standard Applications: These filing options have been discontinued, and all applicants will need to use a new, redesigned application system.
Increased Filing Costs: The new fee structure will result in a noticeable increase in the cost of filing a new trademark application compared to previous fees, particularly for those who previously used the lower “TEAS Plus” option.
Higher Maintenance Fees: Renewal and maintenance fees will also see an increase of up to $125 per class, respectively.
New Surcharges: Clients will now face additional fees if their applications lack essential information like applicant details, accurate descriptions, or translations, non-standard identification of goods and services, and excessive character counts—encouraging more meticulous application preparation.
Additional Fees for Certain Actions: Expect higher fees for extensions of time, petitions to revive abandoned applications, and amendments to applications.
Stricter Identification Requirements: The new fee schedule incentivizes using standardized identification terms from the USPTO manual, leading to potential extra charges for applications utilizing overly creative or lengthy descriptions of goods and services.
Mandatory Specimen Updates: Enhanced requirements for evidence to prove actual use of the mark in commerce.
Faster Timelines for Office Actions: Shortened deadlines for responding to office actions, with reduced opportunities for extensions.
Schedule a Comprehensive Review of Your Trademark Portfolio
Katz Group is available to help with an assessment of your filing strategy, guidance on specimen and compliance requirements, support for timely filings and responses to USPTO actions, and to identify potential cost-saving measures in light of the new fee structure. Do not hesitate to contact us with any questions or to schedule a strategic planning review.
