The United States Patent and Trademark Office (USPTO) will be increasing fees for various trademark matters. The USPTO’s website provides the full rundown.
Key Changes to Know
- Initial Application Fees: The cost of filing a trademark application will be increasing, especially if you use a custom description of your goods/services or if the description exceeds 1000 characters.
- Renewal Fees: It will cost more to renew an existing federal trademark registration, with significant increases for most maintenance filings.
- Letter of Protest: The fee for filing a letter of protest will triple to $150. This tool helps challenge other people’s trademark applications and can be a cost-effective way to defend your own trademark.
When Will the New Fees Start?
- These new fees are expected to take effect sometime during the 2025 fiscal year, which began on October 1, 2024. However, the exact start date is not yet finalized.
- The USPTO released its proposed fee changes in March 2024, and we expect a gap of several months between finalizing the rules and implementing the new fees.
Impact on Trademark Filing Costs
- Custom Descriptions: If you don’t use the standard pre-approved descriptions (from the ID Manual), you will pay a $200 surcharge per class. This can raise the cost of filing to $550 per class.
- Lengthy Descriptions: If your description exceeds 1000 characters per class, expect to pay an additional $200 for every 1000-character block. A long description could cost you up to $1350 per class.
Other Fee Increases
- Proof of Use: The cost to prove you are using your trademark after filing will increase. Filing a Statement of Use or an Amendment to Allege Use will rise to $150 per class, making Intent-to-Use applications more expensive.
- Maintenance Costs: The cost to maintain your trademark (such as Section 8 and Section 9 filings) will rise significantly. The combined cost for 10-year renewals will be $650 per class, up from $525.
The USPTO filing system with its various fees and surcharges tends to get more complicated, not simpler, every year. Whether you’re starting a new brand or curating a longstanding business, our intellectual property team is always ready to help with creative and cost-effective protection strategies.
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