Alert – 2025 USPTO Trademark Fee Changes

On January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement updated trademark fees as part of its ongoing effort to manage the trademark registration system efficiently. These changes, outlined in a final rule, reflect the agency’s commitment to ensuring it has adequate resources to support its operations while advancing its 2022–2026 Strategic Plan. The adjustments aim to enhance the quality and timeliness of trademark examination processes, strengthen measures against fraudulent activities, and provide stakeholders with robust trademark rights.

Why Are the Fee Changes Necessary?

The updated trademark fees are designed to provide the USPTO with sufficient funding to maintain high standards in trademark registration and review. With the increase in trademark filings and the complexity of managing a global trademark environment, these funds will support initiatives to:

• Improve Examination and Review Quality: The additional resources will enable the USPTO to deliver more accurate and reliable trademark rights for domestic and international stakeholders.
• Combat Fraud and Misuse: The agency plans to implement programs that address fraudulent filings and root out unused trademarks clogging the register, thereby providing clarity and certainty to applicants and registrants.
• Support IT Infrastructure: Reliable technological systems are crucial for ensuring smooth operations. The fee changes will help the USPTO enhance its IT infrastructure to serve applicants better.
• Reduce Trademark Pendency: By addressing resource constraints, the USPTO aims to shorten the time it takes to examine applications and conduct proceedings.

The Road to the Final Rule

The fee adjustment process was shaped by extensive public engagement. The USPTO initially gathered feedback during a public hearing in June 2023, hosted by the Trademark Public Advisory Committee (TPAC). This was followed by a detailed report from TPAC summarizing public comments and recommendations.

In March 2024, the USPTO published a Notice of Proposed Rulemaking to further solicit input from stakeholders. The comments received during this period were analyzed and incorporated into the final rule, reflecting a collaborative effort to balance the needs of the trademark community with the operational requirements of the USPTO.

Key Statements from USPTO Leadership

Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Kathi Vidal, emphasized the importance of stakeholder collaboration in shaping the final rule. She stated:

“Our updated trademark fees will allow us to develop new ways to fight fraud, support our colleagues and stakeholders with reliable IT infrastructure, and enhance our work to reduce trademark pendency. We thank our stakeholders and the public for the thoughtful, constructive feedback reflected in the final rule and look forward to continuing to serve America’s entrepreneurs.”

Strategic Impact of the Fee Changes

The fee changes align with the USPTO’s mission to drive innovation, inclusive capitalism, and global competitiveness. By allocating resources more effectively, the USPTO can support its strategic goals, which include:

• Ensuring timely trademark processing.
• Improving the accuracy and reliability of trademark rights.
• Proactively addressing fraudulent activities to protect trademark owners.
• Providing clear pathways for applicants to navigate the trademark registraton system.

What Should Stakeholders Do?

Trademark applicants, owners, and practitioners should familiarize themselves with the updated fees and consider how these changes may impact their filing and maintenance strategies. For more information on the upcoming fee changes, visit the USPTO Fee Setting Section.

Key Changes to USPTO Trademark Application Fees

Previously, the USPTO had two trademark application tiers—TEAS Plus ($250 per class) and TEAS Standard ($350 per class). These have now been consolidated into a single “base application” form with a $350 per class fee for applications under Sections 1 and 44 of the Trademark Act (use-based, intent-to-use, and foreign-based applications). Additional fees will apply based on the application’s completeness.

Additional Fees For Inaccurate and Incomplete Applications

To encourage applicants to submit complete applications, the USPTO is implementing new fees for missing information and the use of free-form text descriptions:

• A $100 fee per class will apply if an application under Sections 1 or 44 lacks sufficient required information.
• If applicants use a free-form text box rather than selecting goods and services from the Trademark ID Manual, they will be charged $200 per class.
• If the Trademark ID Manual does not accurately describe an applicant’s goods and services, the filing fee increases to $550 per class (instead of $350).
• Additionally, for every extra 1,000 characters used in a free-form text box, an extra $200 fee per class will apply.

Given the time required to craft identifications that comply with the Trademark ID Manual, many applicants have previously relied on free-form descriptions. However, with potential costs reaching $550 per class—or even more for extended descriptions—carefully considering the best filing strategy is crucial. Our firm will guide you through the process to minimize unnecessary fees while ensuring your USPTO trademark application is accurately structured.

Increase In Madrid Protocol Application Fees

For international trademark applicants under the Madrid Protocol, there will be an increase in the trademark application fee for Section 66(a) trademark filings. The new fee for filing a trademark application via WIPO (World Intellectual Property Organization) will be raised to $600 per class, up from $500.  Similarly, the subsequent designation fee fro Madrid Protocol filings will also increase from $500 to $600 per class.

Post Registration Trademark Maintenance Fee Increases

As part of the trademark fee adjustments effecting on January 18, 2025, the USPTO is increasing the fees associated with post-registration trademark maintenance filings.

• Section 9 registration renewal applications will increase from $300 to $325 per class
• The Section 8 declaration fee will rise from $225 to $325 per class
• The Section 15 declaration fee, which affirms the incontestability of a trademark, will also see an increase from $200 to $250 per class
• The Section 71 declaration fee, which is required for the continued registration of a U.S. trademark owned by a foreign registrant, will rise from $225 to $325 per class

Trademark Petition And Protest Fee Increases

Intent To Use Trademark Application Increases

The USPTO has also raised the fees for Intent To Use Trademark Application Filings, specifically Amendment to Allege Use (AAU) and Statement of Use (SOU) filings.

The USPTO’s fee adjustments reflect its dedication to adapting to evolving challenges while continuing to provide reliable services to stakeholders. By investing in quality, technology, and fraud prevention, the USPTO aims to strengthen the trademark system for years to come. If you have questions about how these changes might affect your trademark filings or maintenance, consult with a trademark attorney to ensure a smooth transition.