The United States Patent and Trademark Office (USPTO) has announced significant fee increases for trademark applications and related services, effective January 18, 2025. This adjustment aims to align fees with the actual costs of administering the trademark system. Here’s a detailed look at the key changes and how they may impact business owners.
Key Changes to Trademark Fees
Base Application Fee and Additional Surcharges:
The new base fee for trademark applications will be $350 per class, consolidating the previous TEAS Plus and TEAS Standard fees into a single structure. While removing the lower price option for filing, the USPTO is implementing new surcharges for applications that provide incomplete information or use custom identifications of goods and services in their applications. The fee for incomplete information is $100 per class while choosing to use the free form text box rather than the trademark manual Id will be an additional $200 per class. These were previously covered in the standard Teas application fee of $350.
Increased Maintenance Fees:
The fee for filing a Section 9 renewal application will rise to $325 per class. The Section 8 Declaration of Use fee will increase to $325 per class, while the Section 15 Declaration of Incontestability will now cost $250 per class. Renewing trademarks and maintaining their validity is essential for continued brand protection. These higher fees may prompt businesses to evaluate which trademarks are worth renewing or even registering in the first place.
Intent-to-Use Fees:
The fee for amendments to allege use and statements of use will rise to $150 per class. Businesses planning to launch should consider these higher fees when filing intent-to-use applications, as they are necessary to finish the registration process.
Current vs. New Trademark Fees
Fee Type | Current Fee | New Fee (Effective 2025) |
TEAS Plus Application | $250 per class | $350 per class |
TEAS Standard Application | $350 per class | $350 per class |
Section 8 Declaration of Use | $225 per class | $325 per class |
Section 15 Declaration of Incontestability | $200 per class | $250 per class |
Section 9 Renewal Application | $300 per class | $325 per class |
Amendment to Allege Use | $100 per class | $150 per class |
Statement of Use | $100 per class | $150 per class |
Implications for Business Owners
The upcoming fee increases present both challenges and opportunities for business owners. As these costs rise, entrepreneurs must be proactive in their financial planning and trademark strategies. For many small businesses and startups, every dollar counts, and these increases could strain already tight budgets.
Business owners will need to reassess their trademark portfolios, determining which marks are essential to their brand identity and which may not warrant the higher fees. This could lead to more strategic decision-making regarding trademark registrations and renewals. Additionally, the emphasis on submitting complete applications may require businesses to invest in legal assistance or additional resources to ensure compliance, further impacting their budgets.
Moreover, these changes highlight the importance of maintaining a strong intellectual property strategy. As trademark protection becomes more costly, businesses may need to prioritize their most valuable assets and consider alternative strategies for brand protection, such as trade secrets or licensing agreements.
Conclusion
As the USPTO’s fee increases for 2025 approach, it’s crucial for business owners to stay ahead of the curve and protect their intellectual property effectively. At Off the Mark IP Solutions, we understand the complexities of trademark registration and maintenance. Our team is here to guide you through the process, ensuring your applications are thorough and compliant, helping you avoid unnecessary costs.
Don’t let these changes catch you off guard! Request a call today to discuss your trademark needs and develop a strategic plan that aligns with your business goals.
