Effective January 18, 2025, the United States Patent and Trademark Office (“USPTO”) is implementing important changes to the trademark application procedure and instating fee adjustments to trademark application, prosecution and maintenance filing fees. Below are key changes:
Trademark Application Procedural Changes and New Surcharges
- Discontinuation of TEAS Plus and TEAS Standard: Currently, trademark applicants have two filing options via the Trademark Electronic Application System (“TEAS”): “TEAS Plus” and “TEAS Standard”. TEAS Plus offers a lower filing fee but requires applicants to use a pre-identified list of goods and services, while TEAS Standard allows applicants to customize their goods and services identification but imposes a higher fee per class. Starting January 18, 2025, both options will be eliminated and replaced with a single electronic base application which will have a fee of $350 per class plus new surcharges based on application attributes.
- Additional surcharge for customizing goods and services: If applicants utilize the free-form text entry option to customize goods and services rather than using the pre-existing list from the USPTO Acceptable Identification of Goods and Services Manual, then the USPTO will require an additional fee of $200 per class.
- Additional character fee: In an effort to encourage more concise descriptions, the USPTO will charge a $200 fee per class for every additional 1,000 characters used to describe goods and services (beyond the first 1,000 characters).
- Additional fee for failing to meet application requirements: If applicants fail to meet requirements of the new base application, they will be subject to a $100 fee per class. This fee will not apply to applications that incorrectly classifies goods and services.
Additional Fee Increases
Alongside the changes mentioned above, the USPTO will implement a new fee schedule that increases some routine fees for obtaining and maintaining trademark registrations. Please view the full schedule of fee changes here. Several noteworthy changes include:
- Amendment to Allege Use/Statement of Use: Filing an Amendment to Allege Use/Statement of Use is necessary for Intent-to Use based applications to register. The cost to electronically file this document will increase to $150 per class from $100 per class.
- Section 8 Declaration: The cost for filing a Section 8 Declaration (required to maintain a federal registration) will increase to $325 per class from $225 per class.
- Section 9 Renewal: The cost for filing a Section 9 Renewal (required to maintain a federal registration) will raise to $325 per class from $300 per class.
- Section 15 Declaration: Filing the optional Section 15 Declaration, which allows a trademark to become incontestable, will increase to $250 per class from $200 per class.
- Letter of Protest: A Letter of Protest allows third parties to submit evidence to challenge an application. The fee to file a Letter of Protest will increase to $150 – up from $50.
- Petition to Revive an Application: A Petition to Revive is required to reinstate an application that has been abandoned. The fee to file this Petition will increase to $250 – up from $150.
Legal support for trademarks
These changes highlight the importance of ensuring that trademark applications and filings are complete and accurate from the outset to avoid unnecessary delays and additional costs. It is crucial to engage experienced counsel to guide you through the updated filing procedures and help manage potential surcharges.
If you have questions about how these changes may affect you, please contact FLB’s Intellectual Property Team.
