The United States Patent and Trademark Office (USPTO) has officially implemented a revised trademark fee structure, which went into effect on Saturday, January 18, 2025. These changes impact a variety of trademark processes, including application filings, intent-to-use filings, and post-registration maintenance. Whether you are managing pending trademarks or maintaining registered marks, it is crucial to understand these adjustments, as they may affect your trademark strategy and budget.

These changes impact a variety of trademark processes, including application filings, intent-to-use filings, and post-registration maintenance.

Key Changes to Trademark Fees

1. Application Filing Fees

The USPTO has replaced the previous TEAS Plus and TEAS Standard options with a single base application fee of $350 per class.

For most applicants, this change will have minimal impact, as $350 was already the standard fee for the majority of trademark filings.

New Surcharges for Applications

• Insufficient Information Surcharge: A $100 per class fee applies if required information is missing from the application.
• Custom Goods/Services Descriptions: A $200 per class surcharge applies when goods or services descriptions do not align with the USPTO’s approved identification list and require free-form text.
• Exceeding Character Limits: For descriptions exceeding 1,000 characters per class, an additional $200 fee is charged for each subsequent 1,000-character block.
  • Note: Using the USPTO ID Manual avoids this surcharge, regardless of character count. Madrid Protocol applications are also exempt.

Examples of Character Usage

• Short Descriptions: Identifications like “clothing” (8 characters) can include over 100 entries within the 1,000-character limit.
• Medium-Length Descriptions: Identifications like “downloadable software for managing databases” (42 characters) allow approximately 20-25 entries.
• Complex Descriptions: Detailed descriptions such as “entertainment services in the nature of live musical performances” (65 characters) can accommodate about 15 entries.

2. Intent-to-Use Filings

• Amendment to Allege Use (AAU): Fee increased from $100 to $150 per class.
• Statement of Use (SOU): Fee increased from $100 to $150 per class.

3. Post-Registration Maintenance

• Section 8 & Section 71 Declarations: Fee increased from $225 to $325 per class.
• Section 9 Renewal: Fee increased from $300 to $325 per class.
• Section 15 Declaration: Fee increased from $200 to $250 per class.

4. Petitions and Other Filings

• Petition to the Director: Fee increased from $250 to $400.
• Petition to Revive an Application: Fee increased from $150 to $250.
• Letter of Protest: Fee increased from $50 to $150.

Impact on Legal Fees

In response to these changes, we are updating our legal fees schedule to ensure that we can continue to provide exceptional support and guidance for your trademark needs. Our revised fee structure reflects the additional resources required to comply with the USPTO’s updated requirements.

Next Steps

• Review Your Trademark Portfolio: If you have filings or renewals pending, act now to ensure compliance with the new fee structure.
• Consult With Us: We are here to help you navigate these changes and create a strategy that aligns with your business objectives.

For further details or to discuss how these changes may impact your specific trademarks, feel free to reach out. We are committed to helping you protect your intellectual property in an evolving regulatory environment.

Secure Your Brand’s
Future—Expand with Confidence!

Whether you’re a U.S. company entering Latin America or a Latin American business expanding into the U.S., we provide the legal expertise to protect your brand in new markets.

Let’s discuss how we can safeguard your trademark across borders. Contact Augusto Perera, Esq. today!

Schedule a Consultation Today!