The U.S. Patent and Trademark Office (USPTO) made significant changes to application requirements and trademark filing fees, starting January 18, 2025. These changes include an increase in filing fees that will affect both new trademark applications and existing registrations.
Notably, the USPTO is eliminating the two-tier trademark filing system — TEAS Plus ($250 filing fee) and TEAS Standard ($350 filing fee). The two forms will now be consolidated into one “base application,” with a filing fee (per class) of $350-$550, depending on the complexity or completeness of the application.
The standard application fee of $350 will apply to applications that use the USPTO’s pre-approved identifications of goods and services from its Trademark Identification Manual.
If the applicant’s goods or services are not found in the Trademark ID Manual, or if the applicant elects to customize their own description of goods and services, then the applicant must use the free-form text box, and the filing fee is $550 per class.
The USPTO made this change to encourage applicants to use the USPTO’s pre-approved identifications, to decrease its costs to review custom identifications. The $200 surcharge to use the custom free-form text box will be assessed at the time of filing or during the examination of the application if the proper form is not correctly used at the time of filing.
Additional new and increased fees include:
• a $100 fee if the initial application has insufficient information;
• a $200 fee per class for each additional group of 1,000 characters in the free-form text box;
• an increase from $500 to $600 fee per class for applications filed with WIPO (Section 66(a));
• an increase from $300 to $325 per class for Section 9 registration renewals;
• an increase from $225 to $325 for Section 8 declarations of use;
• an increase from $200 to $250 per class for Section 15 declarations, which affirm the incontestability of a trademark.
Understanding these fee increases can help you make informed decisions about your intellectual property application filing strategy and avoid potentially unnecessary additional fees.
Business owners and brand managers should ensure that the description of goods/services is broad enough to protect the mark but specific enough to avoid costly, unnecessary and time-consuming rejections. In addition, it is wise to conduct a thorough trademark search to confirm your mark is available and not likely to cause confusion with registered or pending marks, reducing the risk of costly legal disputes down the road.
If Lutzker & Lutzker can be of assistance with your trademark filings, please reach out to Jeannette Carmadella, jeannette@lutzker.com.