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January 17, 2025 | Intellectual PropertyTrademark

New USPTO Trademark Fees: What You Need to Know

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Author(s)
Curtis Fuller

Associate Attorney

Understanding the New USPTO Trademark Fee Changes

Trademarks are an important way for businesses to protect their brands. By registering your trademark with the United States Patent and Trademark Office (USPTO), you become entitled to enforce your intellectual property rights against infringing parties who use the trademark without your permission.  Though registration is not required, it is very beneficial to businesses that do so, especially those conducting business over state and international borders.

When registering your trademark with the USPTO, the process involves paying a fee to the agency. Every two years, the USPTO assesses the amount of these fees and has the right to increase them if they deem it necessary.  As of January 18, 2025, twenty-eight trademark fees will be adjusted.  The changes are an attempt to streamline the registration process for most applicants, but the price increase may deter some individuals from going through with the registration process.

What Fees Are Changing? A Breakdown of the USPTO Updates

The USPTO will be changing trademark fees in many different areas, including those associated with filing, prosecuting, and maintaining trademark applications and registrations.  Currently, there are two application fees, each with its own set fee.

The Trademark Electronic Application System (TEAS) Plus costs $250, while the TEAS Standard costs $350. Beginning on January 18, the USPTO will be replacing TEAS Plus and TEAS Standard with one base application fee for applications for $350.  Additional surcharges may be added based on the application’s complexity.

Further, there is a $200 additional charge for applications with free-form identification of goods and services language instead of selecting wording directly from the USPTO ID Manual.  There is another surcharge for exceeding the 1,000-character limit set out in the application.  For every 1,000 characters beyond the first 1,000, applicants will be charged an extra $200.

These changes have implications for both domestic and foreign applicants.  Domestic applicants now have a base fee of $350, however, the application could be much higher if the USPTO deems it complex.  Foreign applicants file an application through Section 66(a) of the Lanham Act, which extends registration to the United States through the World Intellectual Property Organization (WIPO).  These applications will be increased from $500 to $600 when the USPTO implements its new fee system.

Key Considerations for Domestic and Foreign Trademark Owners

For domestic U.S. applicants, the process is becoming more straightforward with the new unified base fee of $350.  However, applicants should be aware that additional charges may apply based on the use of free-form text descriptions ($200 surcharge), exceeding the 1,000-character limit ($200 per additional 1,000 characters), and providing insufficient information ($100 surcharge).

Foreign applicants have two main options for seeking U.S. trademark protection.  They can file directly with the USPTO, in which case they’ll pay the same $350 base fee and potential surcharges as domestic applicants.  Alternatively, they can file through the Madrid Protocol system administered by WIPO (the International Bureau).  When using the Madrid Protocol, applicants can seek protection in multiple countries through a single international application.  When they designate the United States, WIPO forwards the request to the USPTO, where it becomes what’s known as a “Section 66(a) application” with a fee increasing from $500 to $600. All USPTO communications for these applications, including office actions, are sent through WIPO.  Importantly, these Section 66(a) applications are currently exempt from the additional surcharges for character limits and free-form text that apply to direct USPTO filings.

The Paris Convention provides important priority rights for all trademark applicants. Under this treaty, after filing a trademark application in one member country, applicants have a six-month window to file in other member countries while maintaining their original filing date.  This priority right applies regardless of whether the applicant chooses to file directly with the USPTO or through the Madrid Protocol system.

Given the new fee structure, foreign applicants should carefully consider the Madrid Protocol route for U.S. protection, as the Section 66(a) application process may offer significant cost savings by avoiding the surcharges that apply to direct USPTO filings.  However, applicants should plan for the current processing timeline of approximately 6-9 months for initial USPTO review of these applications.

Preparing for the Changes: How to Minimize Costs

With the new fee changes going into effect, applicants should be extra careful drafting their registrations.  Domestic applicants will receive a $100 surcharge for insufficient information in their registration, as well as the $200 surcharges for free-form text box and exceeding the 1,000-character limit.  With the base application already more expensive than it has been for the last four years, trademark owners must be extra diligent in the application process.

Conclusion

The USPTO’s new fees may leave trademark owners concerned for how to approach the registration process.  To minimize extra costs and get the most out of your application, whether you are a domestic or foreign applicant, it is essential to consult a trademark attorney today to guide you through the process.

Contributions to this blog by Michael Touma.

 

Photo by Scott Graham on Unsplash
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