Are you Ready for the USPTO Trademark Fee Increases Coming in 2025? What you Need to Know.
If you're a business owner, entrepreneur, or anyone navigating the trademark registration process, it's time to take note. The United States Patent and Trademark Office (USPTO) has announced important updates to its fee structure, effective January 18, 2025. These changes include higher filing fees, along with some notable shifts in the way filings are processed. Here's a breakdown of what you need to know to stay prepared.
Higher Fees Mean Higher Budgets
One of the most significant changes to the USPTO process is the increase in filing fees for most services. Whether you're filing a new application, renewing a trademark registration, or submitting other related documents, it's likely that the cost will be higher in 2025 and beyond.
The USPTO's move to raise fees aligns with their effort to modernize operations and ensure fewer errors in trademark submissions. While this is an important step for improving service quality, it's crucial that individuals and businesses factor these increased costs into their plans. Acting ahead of the fee hike could save you money.
Retirement of the TEAS System
The current online filing system employed by the USPTO (known as TEAS) is nearly two decades old. In 2025 it will be retired and replaced with the Trademark Application Center. The Trademark Application Center is already available in beta usage and is a more modern and streamlined platform that attempts to be more user-friendly for those unfamiliar with trademarks. While this new system is intended to make it easier for non-lawyers to file for their own trademark applications, the nuances of trademark law still apply, such that it is always a good idea to employ an experienced trademark practitioner counsel to maximize the chances of successful registration. Statistically, many self-filing applicants encounter office actions that they cannot deal with and thus are not ultimately successful in attaining their desired registration.
As with any new system, applicants will need to familiarize themselves with and register accounts.
The new system, and new fees will be mandatory as of January 18, 2025. So there is still time to file under the old system (and filing fees).
Higher Filing Fees in 2025
The current filing fees for new applications are based on $250 per class for TEAS+ eligible applications, and $350 per class for TEAS Standard applications. These fees will no longer apply as of January 18, 2025. At that time, all applications will be subject to a uniform "base" filing fee of $350 per class, subject to increases depending on the circumstances.
For example, if the application is deemed deficient (ie. providing "insufficient information" as to class) there will be a $100 per class additional fee tacked on later. If the application is not using the ID MANUAL to generate class descriptions (ie. if you are using the "free-form" method) there is a an initial $200 per class additional fee, and if that free-form text is too long, there is another $200 per class fee for each additional 1000 characters beyond the first 1000 characters.
Thus, if you are not using an attorney, and if you fail to fulfill any of the 20 requirements under 37 CFR Sec. 2.22(a)(1)-(a)19, you will be assessed an additional fee (penalty) of $100 per class.
As you can imagine, these filing fees can lead to substantially higher costs of applying for a US trademark application than under the current system, which is still in effect until January 18, 2025.
All this means that it is increasingly important to hire an experienced trademark attorney to ensure that the application is filed correctly and avoid these additional fees as much as possible.
Applications that are filed by or before January 17, 2025 will still fall under the current fee system, and will not be subjected to the new, higher filing fees! So, you still have time to file under the old fee system and save money (if you file before January 18, 2025).
Other Higher Fees
In addition to the higher filing fees for initial applications for trademark registration, the USPTO is also raising other fees associated with the trademark process. For instance, the following are just some of the fees that are affected by the changes scheduled for January 18, 2025:
- Proving use of "Intent-to-Use" applications (AAU/SOU) will be rising from $100 to $150 per class
- Filing a Letter of Protest will cost $150 instead of $50
- Filing a petition to revive will cost $250 instead of $150
- Section 8 and Section 9 renewals (10 years) will go up from $525 to $650 per class (if timely filed within the one-year renewal period)
- Section 8 Declarations (6 years) will be going up from $225 to $325 per class (if timely filed within the one-year renewal period)
- Section 15 Declarations will now cost $250 per class
Stay Ahead of the Changes
The upcoming USPTO fee increases and filing system overhaul mark a significant turning point for everyone involved in trademark registration. With these changes coming fast, now is the time to take action. Filing early or consulting with an experienced trademark attorney can help you avoid higher costs and confusion down the road.
We're here to ensure your trademark rights are protected and that you're set up for success before the January 2025 changes take effect. Contact us today to schedule a consultation and secure your brand's future.
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