Overview of Key USPTO Trademark Filing Fee Increases Effective January 18, 2025

As part of its ongoing efforts to address rising operational costs, the U.S. Patent and Trademark Office has announced a series of trademark filing fee increases that went into effect January 18, 2025. These changes include increases to the application and renewal filing fees, and—for the first time—charges based on the number of characters in the description of goods or services. Tactical selection and identification of goods and services is more important than ever, as a well-informed strategy can help offset fees while still ensuring maximum trademark protection.

We have outlined the key fee changes below, so you can stay informed and plan accordingly.

Key Changes in Trademark Filing Fees:

1) Initial Application Fees:

• Base Applications:
  • Previously: $250 per class
  • Now: $350 per class
  • Note: “Base applications,” formerly TEAS Plus applications, continue to provide the most cost-effective filing fees. This option is only available by selecting pre-selected goods and services descriptions from the USPTO’s Trademark ID Manual.

• Applications with Custom Identification of Goods and Services:
  • Previously: $350 per class
  • Now: $550 per class
  • Note: Custom identifications allow for more flexible descriptions of goods and services but at a higher fee.

The USPTO also now charges additional fees if the number of characters in the description of goods or services exceeds certain thresholds:

• For applications exceeding 1,000 characters in the description of goods/services:
  • Additional Fee: $200 per extra 1,000 characters per class
  • Impact: If your goods/services description is long or complex, this additional charge could significantly affect the overall cost of filing.

Tip: To avoid these additional fees, we recommend reviewing your goods and services description carefully with a Buchalter trademark professional to ensure that it is as concise as possible while still fully capturing your product or service.

The USPTO will now also add a surcharge for missing information in trademark applications.

• Applications with Insufficient Information:
  • Surcharge: $100 per class
  • Note: This fee applies to basic missing information such as Applicant contact information and citizenship as well as additional details such as English translations, prior registrations that should be referenced, and verified statements.

Tip: It is now more important than ever to carefully review trademark applications before approving and signing to avoid new surcharges. If you have questions or concerns about an application, working with a trademark professional can help save costs.

2) Post-Application Fees:

• Statement of Use:
  • Previously: $100 per class
  • Now: $150 per class

• Extensions to File Statement of Use filing fees remain $125 per class.

3) Post-Registration Maintenance Filing Fees:

• Section 8 Declarations:
  • Previously: $225 per class
  • Now: $325 per class

• Section 9 Registration Renewal Applications:
  • Previously: $300 per class
  • Now: $325 per class

• Section 15 Declarations:
  • Previously: $200 per class
  • Now: $250 per class

How These Changes May Impact Your Filing Strategy:

These fee increases underscore the importance of careful planning of your trademark portfolio. As the fees for initial filings, maintenance, and other post-application actions have risen year over year, it may be beneficial to consider strategic filing decisions sooner rather than later.

We strongly encourage you to review your portfolio and any upcoming filings with us to ensure that you are maximizing the value of your trademarks while managing costs. If you have any pending applications or are planning new filings, acting soon may help avoid additional costs.

What to Do Next:

We are here to help you navigate these changes. If you have any questions or concerns about these fee increases, or if you would like to discuss filing a trademark application under the new fee structure, please reach out to a Buchalter trademark attorney. We are here to guide you through these changes and help you protect your intellectual property.

Amanda Hyland is a Shareholder in the Firm’s Atlanta office and Chair of the Atlanta Intellectual Property practice group. Ms. Hyland offers rates that create value without sacrificing experience, responsiveness, or results. She is often able to provide flat fee and retainer structures for domestic and international portfolio management, and she works with colleagues across the globe to provide a comprehensive, effective brand management strategy that prioritizes her clients’ needs for predictability, budgeting, business objectives, and results. Her global portfolio includes more than 3,000 marks, including many household brands. Ms. Hyland also has significant experience in managing trademark disputes and litigation across the country.

Austin Vining is an Attorney in the Firm’s Atlanta office and a member of the Intellectual Property practice group. He focuses his practice on intellectual property, media law, and First Amendment counseling and litigation. His experience includes trademark and copyright prosecution, enforcement, and litigation and proceedings before the Trademark Trial and Appeal Board. Mr. Vining also handles media issues including privacy and defamation in publishing, advertising, journalism, and social media.

This communication is not intended to create or constitute, nor does it create or constitute, an attorney-client or any other legal relationship. No statement in this communication constitutes legal advice nor should any communication herein be construed, relied upon, or interpreted as legal advice. This communication is for general information purposes only regarding recent legal developments of interest, and is not a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included herein without seeking appropriate legal advice on the particular facts and circumstances affecting that reader. For more information, visit www.buchalter.com.