Effective Date: January 18, 2025
The United States Patent and Trademark Office (USPTO) has announced significant changes to trademark fees, which will take effect on January 18, 2025. These adjustments are part of the USPTO’s biennial fee review process to ensure that the office can recover the aggregate costs of trademark operations. The 2025 fee adjustments focus on aligning fees with the cost of services, balancing application processing efficiency, and improving the administration of the trademark system.
Notably, the USPTO is eliminating the TEAS Plus and TEAS Standard application fees, replacing them with a single base application fee for applications under Trademark Act Sections 1 and 44. Additionally, there are increases in post-registration maintenance fees, petition fees, and intent-to-use filing fees, among other changes.
We summarize the key fee increases in the table below:
Summary of Key USPTO Fee Changes (Effective January 18, 2025)
Fee Type | Current Fee | New Fee (2025) | Change |
Trademark Applications | |||
TEAS Standard Application (per class) | $350 | N/A (eliminated) | Consolidated into new base fee |
TEAS Plus Application (per class) | $250 | N/A (eliminated) | Consolidated into new base fee |
Base Application (Sections 1 and 44, per class) | N/A | $350 | New unified application fee |
Application Fee (Filed with WIPO, Section 66(a), per class) | $500 | $600 | +$100 increase |
Subsequent Designation Fee (Filed with WIPO, Section 66(a), per class) | $500 | $600 | +$100 increase |
Additional Fees for Incomplete Applications | |||
Insufficient Information (Sections 1 and 44, per class) | N/A | $100 | New fee for incomplete applications |
Use of Free-Form Text Box Instead of Trademark ID Manual (Sections 1 and 44, per class) | N/A | $200 | New fee for customized descriptions |
Each Additional 1,000 Characters in Free-Form Text Box (Beyond the First 1,000, per affected class) | N/A | $200 | New fee to encourage standardized descriptions |
Post-Registration Maintenance Fees | |||
Section 9 Registration Renewal Application (per class) | $300 | $325 | +$25 increase |
Section 8 Declaration of Use (per class) | $225 | $325 | +$100 increase |
Section 15 Declaration (per class) | $200 | $250 | +$50 increase |
Section 71 Declaration (per class) | $225 | $325 | +$100 increase |
Renewal Fee (Filed with WIPO) | $300 | $325 | +$25 increase |
Petition and Letter of Protest Fees | |||
Petition to the Director | $250 | $400 | +$150 increase |
Petition to Revive an Application | $150 | $250 | +$100 increase |
Letter of Protest | $50 | $150 | +$100 increase |
Intent-to-Use (ITU) Fees | |||
Amendment to Allege Use (AAU), per class | $100 | $150 | +$50 increase |
Statement of Use (SOU), per class | $100 | $150 | +$50 increase |
Key Takeaways for Trademark Applicants and Owners
- Higher Costs for Trademark Applications: The elimination of TEAS Plus and TEAS Standard fees results in a higher base application fee of $350 per class for new filings under Sections 1 and 44.
- Additional Fees for Incomplete Applications: If an applicant fails to provide sufficient information or uses custom descriptions instead of the Trademark ID Manual, they will be subject to additional fees ranging from $100 to $200 per class.
- Increased Costs for Post-Registration Maintenance: Filing Section 8 and Section 71 Declarations of Use will now cost $325 per class, an increase of $100 from the current fee.
- Significant Increases in Petition and Protest Fees: The cost to petition the USPTO Director or revive an abandoned application will increase by $100-$150, making it more expensive to rectify procedural issues.
- Higher Fees for Intent-to-Use Applications: Filing an Amendment to Allege Use (AAU) or a Statement of Use (SOU) will now cost $150 per class, reflecting the USPTO’s increased processing burden.
Action Items for Trademark Applicants and Owners
Given these upcoming fee increases, trademark applicants and owners should consider taking action before January 18, 2025, to avoid higher costs. We strongly recommend the following steps:
- File pending trademark applications before January 17, 2025, to take advantage of the current, lower fee structure.
- Ensure application completeness to avoid incurring the new $100-$200 fees for incomplete or custom descriptions.
- Renew registrations and file required maintenance documents early to save on post-registration costs.
- Monitor intent-to-use applications and finalize Statements of Use (SOU) or Amendments to Allege Use (AAU) before the fee increase.
For assistance with USPTO filings or to discuss how these changes impact your trademark portfolio, please contact Zhu & Co., P.C. at admin@zhucopc.com.