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Writer's pictureDEBORAH MORTIMER

Navigating the 2025 Changes to the USPTO Trademark Application Fees and Process

Updated: Dec 23, 2024

Changes Take Effect January 18, 2025

As of January 18, 2025, U.S. Patent and Trademark Office (USPTO) is implementing significant changes to the trademark application process, which will include a change in filing options, an increase in fees and an addition of penalties. While these changes are designed to streamline applications and ensure more precise and standardized submissions, they will definitely make the process more complex.



Key Changes in the Application Process

Introduction of the "Base Application" System

The USPTO will now only accept a single type of electronic trademark application, known as the "Base Application," which has a filing fee of $350.00 per class of goods and/or services.

 

Surcharge Fees for Non-Standardized Descriptions

Applications are now limited to describing goods and services by utilizing a pre-approved, standardized listing in the USPTO’s Trademark ID Manual. There is an additional $200.00 surcharge per class if you choose to use the free-form text box to enter descriptions of goods/services.

So, to put it simply, the filing fee per class will be:

$350 if you use the preapproved descriptions

$550 if you choose the customized free form.

 

They Want You to Keep Descriptions Concise …or Pay.

Class descriptions are now limited to 1,000 characters, including punctuation and spaces, if you use the free-form text box. Not enough to describe the goods/services you offer? Well, there is an additional $200.00 surcharge per class for descriptions exceeding 1,000 characters, per 1,000 additional characters. Fortunately, this character limit will not apply to those utilizing the ID Manual. Note that the character limit surcharge only applies at the initial filing stage. Applicants will not incure this surcharge if their description goes over the 1,000 character limit as the result of an examiner requested amendment.

 

Incomplete or Missing Information will Cost You.

If your application is missing any one of the 19 pieces of required information, such as correct owner information, a domicile address that isn’t a PO Box or virtual address, or translations of non-English wording, you will incur a $100 surcharge per class.

 

Impact on Multi-Class Applications

The addition of surcharges can significantly increase the filing costs for applications covering multiple classes, if you have lengthy class descriptions and/or required information is inadvertently left out. In some cases, the increased fees may be unavoidable if the nature of your brand just doesn’t fit neatly into the standardized listings.

 

Intent to Use Applications

While you’re still able to file an Intent to Use application, allowing you to lock in a priority filing date with time to develop your brand, please be aware that the filing fee to submit an Amendment of Alleged Use/Statement of Use with specimens has increased from $100 to $150.

 

Post-Registration Maintenance and Other Fees
Description
Current Fee
New Fee

Sec. 8 Declaration of Use

$225.00 per class

$325.00 per class

Sec 15 Declaration of Incontestability

$200.00 per class

$250.00 per class

10-Year Renewal Fee

$300.00 per class

$325.00 per class

Petition to Revive an Application

$150

$250

 What Can You Do Before the Changes Take Effect?

If possible, file your new trademark application or renewal of your current registered trademark (if you’re in the renewal period) before January 18, 2025, to take advantage of the current lower fees.

 

What Can You Do After?

Consult with a Trademark Attorney to navigate the new fee structure and application requirements effectively and avoid surcharges for missing information or lengthy descriptions of services. If you're unfamiliar with the process, the fees can quickly add up, resulting in significant costs. An attorney can ensure compliance and help mitigate additional expenses.

 

We’re Here to Help

For more detailed information, you may refer to the Summary of 2025 trademark fee changes Remember, Mortimer Legal, PLLC is here to provide hand-holding guidance through the entire trademark process and post registration maintenance. Let us help you protect you business’ most valuable asset…you BRAND. Click HERE to schedule your free discovery call.

 

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