Effective January 18, 2025, the U.S. Patent and Trademark Office (USPTO) will implement significant changes to trademark filing fees and processes. These updates result from the USPTO’s regular biennial review to ensure its services recover operational costs while maintaining efficiency. Numerous fees will be adjusted, and while the changes are extensive, here are some key highlights. For a complete overview, refer to the USPTO’s Final Rule.
New USPTO Trademark Gov. Filing Fee Schedule
The current trademark application system offers two options: TEAS Plus, with a filing fee of $250 per international class, and TEAS Standard, with a fee of $350 per class. These will be replaced with a unified application form for filings under Sections 1 and 44 of the Trademark Act, with the associated fee set at $350 per class. Additional fees ranging from $100 to $200 will be imposed if the application contains deficiencies or lacks necessary information. For example, choosing to use the free-form text box rather than the Trademark ID Manual to describe goods or services will incur an additional $200 fee per class. Similarly, overly detailed descriptions exceeding 1,000 characters will attract the same fee. These changes highlight the need to understand a business’s specific requirements before filing a trademark application. In certain cases, particularly those involving new or complex technologies, using the free-form text option may still be beneficial to ensure adequate protection.
Key Trademark Fee Changes
Fee Type |
Current Fee |
New Fee |
Details |
| Basic Application | $250(TEAS Plus) | $350/class | Fee for filing a new application electronically using TEAS Plus |
| Insufficient information | New Fee | $100/class | Fee for filing an application with insufficient information or missing required details |
| Use of free-form text box to enter the indemnification of goods/services | New Fee | $200/class | Fee for using a free-form text box to describe goods/services |
| Additional group of 1,000 characters beyond the first 1,000 | New Fee | $200/class | Fee for adding an additional 1,000 characters to goods/services description |
| Amendment to Allege Use or Statement of Use for intent-to-use applications | $100/class | $150/class | Fee for submitting an AAU or SOU to show that the trademark is being used in commerce |
| Section 8 Declaration | $225/class | $325/class | Fee for filing a Declaration of Use to show that the trademark is still in use |
| Section 15 Declaration | $200/class | $250/class | Fee for filing a Declaration of Incontestability to claim the mark is incontestable |
| Section 9 Registration renewal | $300/class | $325/class | Fee to file a renewal to extend the trademark’s protection for another 10 years |
| Section 71 declaration | $225/class | $325/class |
Fee for filing a Section 71 Declaration to maintain an international registration under the Madrid Protocol
|
| Renewal fee filed at WIPO | $300/class | $325/class | Fee for renewing a trademark under the Madrid Protocol through WIPO |
| Petition to Director | $250 | $400 | Fee for requesting the director to review a decision or action taken by a trademark examiner |
| Petition to revive an application | $150 | $250 | Fee for reviving an abandoned application |
| Letter of Protest | $50 | $150 | Fee for challenging pending applications |
Penalty Fees
Applications missing key information will also incur extra charges. A $100 fee per class will be applied if an applicant fails to include a required declaration, classify goods or services correctly, or provide evidence of use in commerce and corresponding dates for each class when the application is based on use. Additionally, neglecting to include translations of non-English terms or transliterations of non-Latin characters, where applicable, will result in similar penalties.
Trademarks Filed Through World Intellectual Property Organization (WIPO)
For trademark applications filed through the World Intellectual Property Organization (WIPO) under Section 66(a) of the Trademark Act, the filing fee will increase to $600 per class. Subsequent designation fees under this section will also rise to $600 per class. The base application fees will adhere to the new USPTO structure of $350 per international class.
Filing Fees for Intent-To-Use Trademark Applications
Intent-to-use filings will experience a mix of changes. Filing an Extension Request to submit a Statement of Use (SOU) will retain its current fee of $125 per class. However, filing a Statement of Use or an Amendment to Allege Use (AAU) will see an increase to $150 per class. Additionally, petition fees will increase, with a Petition to the Director rising to $400, a Letter of Protest increasing to $150, and a Petition to Revive moving to $250.
Post-Registration Maintenance Fees
Post-registration maintenance fees will also see notable increases. The cost of filing a Section 8 Declaration of Use will rise to $325 per class. A Section 15 Declaration of Incontestability will cost $250 per class, while a Section 9 Registration Renewal Application and a Section 71 Declaration of Use will each increase to $325 per class. Renewals filed through WIPO will also carry a fee of $325. The USPTO has stated that these increases are intended to balance the cost of initial trademark applications and compensate for the higher processing costs associated with post-registration filings.
Trademark Center
One of the most significant changes involves the launch of the new “Trademark Center” platform, which will replace the existing Trademark Electronic Application System (TEAS) as of January 18, 2025. This new system is designed to improve the user experience and streamline the trademark examination process. Until this date, TEAS will remain available for filing applications. The USPTO has expressed optimism that the new Trademark Center will make the filing process more efficient and user-friendly.
Speak with a Trademark Lawyer
One of the most significant changes involves the launch of the new “Trademark Center” platform, which will replace the existing Trademark Electronic Application System (TEAS) as of January 18, 2025. This new system is designed to improve the user experience and streamline the trademark examination process. Until this date, TEAS will remain available for filing applications. The USPTO has expressed optimism that the new Trademark Center will make the filing process more efficient and user-friendly. Speak with one of our Trademark Lawyers to learn more.