On January 18, 2025, the United States Patent and Trademark Office (USPTO) will roll out significant updates to its trademark fee structure. These changes aim to recover operational costs, enhance service delivery, and address inefficiencies in trademark processing. This article explores the upcoming trademark fee increase, their implications for trademark applicants, and how businesses can navigate the changes.
Why is the USPTO Changing Trademark Fees?
The USPTO revises its trademark fees every two years under the Leahy-Smith America Invents Act. The adjustments are critical for maintaining financial sustainability and implementing initiatives in the agency’s 2022–2026 Strategic Plan. These changes also address evolving demands, such as increased application complexity and the need for technological enhancements.
For example, the 2025 changes introduce surcharges to promote efficient and complete filings, reducing processing delays. These surcharges also guarantee that those submitting complex applications bear the cost instead of distributing the burden among all applicants.
Key Changes in the Trademark Fee Structure
The 2025 updates overhaul the current application fee system. Most notably, the USPTO will eliminate the distinction between TEAS Standard and TEAS Plus applications, replacing them with a single base application fee of $350 per class. Additional surcharges will apply based on application complexity.
Before diving into specifics, it is important to understand the reasons behind these changes. The USPTO’s analysis shows that more detailed and complete applications streamline processing, reduce errors, and lower administrative costs. This is why surcharges target incomplete or overly complex filings.
Surcharges for Complex Applications
To encourage streamlined applications, the USPTO is introducing the following surcharges:
- Insufficient Information Fee: A $100 surcharge for applications lacking key details, such as applicant domicile or verified statements.
- Free-Form Text Box Fee: A $200 surcharge for applicants who use custom descriptions instead of selecting standardized wording from the USPTO’s ID Manual.
- Excessive Characters Fee: A $200 surcharge for applications exceeding 1,000 characters in the goods/services description.
The purpose of these surcharges is to recover additional processing costs and encourage applicants to use standardized filing methods.
Updated Trademark Fee Schedule
The table below provides a detailed comparison of the current and new fees for various trademark filings:
| Fee Type | Current Fee | New Fee (2025) | Change (%) |
| Base Application Fee (Per Class) | $250/$350 | $350 | +40% |
| Insufficient Information Surcharge | N/A | $100 | N/A |
| Free-Form Text Box Surcharge (Per Class) | N/A | $200 | N/A |
| Excessive Characters Surcharge | N/A | $200 per 1,000 | N/A |
| Section 8 Declaration (Paper) | $325 | $425 | +31% |
| Section 9 Renewal (Paper) | $500 | $525 | +5% |
| Section 15 Declaration | $300 | $350 | +17% |
| Amendment to Allege Use (Electronic) | $100 | $150 | +50% |
| WIPO Applications (Per Class) | $500 | $600 | +20% |
These changes reflect the USPTO’s dual goals of cost recovery and incentivizing efficient filings. Applicants can avoid surcharges by using the USPTO ID Manual for goods and services descriptions and adhering to the base application requirements.
Impact on Post-Registration Filings
The fee changes extend beyond applications, affecting post-registration maintenance filings. Key updates include:
- Section 8 Declaration Fees: Increased to $425 for paper filings and $325 for electronic submissions.
- Section 9 Renewal Fees: Paper renewals will now cost $525, while electronic renewals remain slightly lower.
- Section 15 Declarations have been raised to $350 from $300.
These adjustments highlight the USPTO’s focus on aligning fees with service costs while ensuring long-term financial sustainability.
For trademark holders nearing renewal deadlines, filing before January 18, 2025, could save significant costs.
Changes to Intent-to-Use Filings
Applicants submitting Amendments to Allege Use (AAUs) or Statements of Use (SOUs) will also face increased fees.
- Electronic AAU/SOU Filings have been raised to $150 per class, up from $100.
- The fee for paper AAU/SOU filings has been increased to $250 per class.
These adjustments address the rising costs associated with processing and verifying use claims. We encourage applicants to ensure their filings are complete and accurate to minimize delays and costs.
International Filing Adjustments
The fee schedule also introduces higher costs for international trademark applications filed under the Madrid Protocol:
- The WIPO application fees have been increased to $600 per class.
- WIPO Renewal Fees: Now $325 per class.
These changes align with global trademark practices and ensure cost recovery for the USPTO’s international services. Applicants managing international portfolios should account for these increases in their budgeting and filing strategies.
Navigating the Changes: Practical Tips
To adapt to these changes, applicants and trademark holders should:
- File Early: Submit filings before January 18, 2025, to take advantage of the current lower fees.
- Use Standardized Tools: Avoid surcharges by using the USPTO ID Manual for goods/services descriptions.
- Consult Experts: Seek guidance from trademark attorneys to navigate complex filings and minimize costs.
By planning and understanding the new requirements, businesses can optimize their trademark strategies and avoid unnecessary expenses.
FAQs
- When do the new USPTO fees take effect?
The new fees will be effective January 18, 2025. - How do the changes affect small businesses?
Small businesses may face higher costs for filings but can minimize expenses by adhering to standardized filing requirements. - Are there exemptions or reduced fees for certain entities?
The USPTO does not currently offer exemptions for non-profits or small entities under the new schedule. - What happens if I file before January 18, 2025?
We will process applications and filings submitted before this date according to the current fee schedule. - How can I avoid surcharges under the new rules?
Ensure your application includes all required information and use the USPTO’s ID Manual for descriptions.
Conclusion
The 2025 USPTO fee changes reflect a strategic shift aimed at improving efficiency, aligning costs with services, and ensuring the sustainability of the U.S. trademark system. While the increases may pose challenges for some applicants, proactive planning and adherence to the new filing standards can help mitigate the impact. We encourage businesses to carefully review the fee schedule and consult with experts to ensure a smooth transition.
If you’re navigating the complexities of the USPTO’s 2025 trademark fee changes, Stevens Law Group is here to help. Our experienced attorneys specialize in trademark applications, renewals, and international filings, ensuring you comply with the new rules while minimizing costs. Whether you’re a small business or a large corporation, we’ll tailor strategies to protect your brand and streamline the filing process.
Contact Stevens Law Group today for a consultation and let us guide you through these changes with confidence. Don’t wait—stay ahead of the 2025 trademark updates and secure your intellectual property now!
References:
Setting and Adjusting Trademark Fees During Fiscal Year 2025
USPTO Patent and Trademark Fee Increases
Leave a Reply