U.S. Sullivan & Worcester
The United States Patent and Trademark Office (USPTO) has announced an increase and adjustment of certain trademark fees, effective on January 18, 2025. The USPTO’s final rule implementing these changes can be found here. The USPTO final rule implementing the changes can be found here.
The adjustments include adjustments to certain trademark applications fees, intent-to use fees, post registration maintenance fees, petition and letter-of-protest fees. The introduction of application fees could result in a significant cost increase. The risk of compounding surcharge fees should strongly incentivize applicants to strictly adhere to the Trademark ID Manual and exercise careful consideration in ensuring the accuracy and completeness of their applications.
In lieu of the processing fee for failing to meet the requirements of a Trademark Electronic Application System (“TEAS”) Plus application, which will be discontinued, the USPTO will impose individual surcharges for applications under Sections 1 and 44 that either fail to meet certain requirements or require more extensive review. These surcharges will apply to applications that (1) omit required information for a base application; (2) use the free-form text box for the description of goods and services instead of selecting from the provided list; and (3) exceed 1,000 characters when electing to use the free-form text box for the description of goods or services.
Note that these surcharges do not apply to applications made under Section 66(a) (Madrid Protocol). The excess character fee will not apply to amended identifications submitted as a response to an Office Action.
At the moment, trademark applicants who wish to file electronically have two options: TEAS Plus or TEAS Standard. The new fee structure eliminates these options in favor of implementing a single base application (and standard fee) for electronic filings, with requirements similar to the current TEAS Plus application.
The new rules also implement a number of additional prosecution and maintenance fee adjustments, set forth below:
