USPTO Significantly Changes Application Fee Calculations
All,
The United States Patent and Trademark Office just announced major changes to the trademark filing fees and increases to other fees effective January 18, 2025 for applications filed under Sections 1 and 44 and February 18, 2025 for applications designated through WIPO. The USPTO will also be increasing fees for other filings discussed in more detail below.
Applications filed under Section 1 and 44
Starting on January 18, 2025, applicants filing trademark applications under Sections 1 and 44 will pay a base application fee of $350 per class and additional surcharge fees under the following circumstances:
- $100 surcharge fee per class for applications filed with insufficient information, which includes a long list of information required, such as ID(s) from the USPTO’s Acceptable ID Manual, verified statement, entity information, prior registration information, complete statements about the mark, and more. This requirement is similar to the requirements under the current TEAS Plus application option.
- $200 surcharge fee per class for applications that choose the free-form text box instead of choosing descriptions from the Trademark ID Manual; and
- $200 surcharge fee per class for each additional group of 1000 characters beyond the first 1000 characters in the description including punctuation and spaces.
The new fee structure eliminates the current TEAS Standard and TEAS Plus fees. This could lead to a significant increase in filing fees for U.S. trademark applications, and unpredictability in filing estimates.
Below are some examples of the base fee plus surcharges for various versions of descriptions in International Class 25
| Fee | ID |
|---|---|
| $350 (assuming sufficient information for the application) Approved description for the Trademark ID Manual No character limit | Apparel for dancers, namely, tee shirts, sweatshirts, pants, leggings, shirts and jackets; nurse’s apparel, namely scrubs; Children's and infants' apparel treated with fire and heat retardants, namely, jumper coveralls, overall sleepwear, pajamas, rompers and one-piece garments; Children's and infant's apparel, namely, jumper coveralls, overall sleepwear, pajamas, rompers and one-piece garments; gloves as clothing; clothing, namely arm warmers; clothing, namely knee warmers; clothing, namely, neck tubes; women’s clothing, namely, shirts, dresses, skirts, blouses; pockets for clothing; shoulder wraps for clothing; cloth bibs for adult diners; clothing, namely, wraparounds; sweatshirts for babies, adults, children, women and men; clothing wraps; tops as clothing; headwear for babies, adults, children, women, and men; pants for babies, adults, children, women and men; clothing items, namely adhesive pockets that may be affixed directly to the body as a decorative piece of clothing with utility; outerwear, namely, coats, hats, gloves; knitwear, namely, shirts, dresses, sweaters Character Count: 1090 |
| $350 + $200 surcharge fee for using free-form text box | Specialty clothing for babies, adults, children, dancers, swimmers; Clothing, namely, blouses, shirts, tops, pants, slacks, jeans, skirts, shorts, jackets, dresses, hosiery, socks, gloves, hats, scarves, hats, belts, sleepwear, lingerie and shoes; athletic shoes with spikes and athletic uniforms for use with such shoes Character Count: 320 |
| $350 + $200 surcharge fee for using free-form text box + $200 for exceeding 1000 characters | Clothing, namely, trousers, jackets, overcoats, coats, skirts, suits, jerseys, waistcoats, shirts, T-shirts, sweatshirts, dresses, Bermuda shorts, shorts, pajamas, pullovers, jeans, tracksuits, rainwear, beachwear, bathing suits, swimming suits; sports clothing, namely, gym shorts, jogging pants, jogging suits, sports shirts; clothing for babies, namely, infant and toddler one piece clothing, infant and baby sleepers, infants' trousers, infants' shoes and boots, baby dresses, baby underwear, baby skirts, baby sweaters, baby shirts, baby pyjamas, baby coats, baby slippers, baby jackets, baby socks, swaddling clothes of textile for babies; underclothing; bodices; brassieres; camisoles; underpants; socks; footwear, namely, shoes (excluding orthopedic shoes), sandals, waterproof boots, walking boots, booties, sporting shoes, slippers; shoe parts, namely, heelpieces, insoles for footwear, footwear uppers, headgear, namely, caps, skull caps, sports caps, hats, berets; gloves (clothing), stockings, belts (clothing), sarongs, scarves, neck scarves, shawls, collars, neckties, ties, suspender belts Character Count: 1105 |
U.S. Applications Designated through WIPO
WIPO applications designating the U.S. will pay a flat fee of $600 per class because WIPO is not able to assess surcharge fees after the application has been filed. This new fee applies to WIPO applications with a receipt date on or after February 18, 2025.
List of Application fee changes
| Description | Current fee | Final rule fee | Dollar change | Percent change |
|---|---|---|---|---|
| Application (paper), per class | $750 | $850 | $100 | 13 |
| Base application (electronic), per class | n/a | $350 | n/a | n/a |
| Application (TEAS Plus), per class | $250 | Discontinue | n/a | n/a |
| Application (TEAS Standard), per class | $350 | Discontinue | n/a | n/a |
| Fee for failing to meet TEAS Plus requirements, per class | $100 | Discontinue | n/a | n/a |
| Application fee filed with WIPO (section 66(a)), per class | $500 | $600 | $100 | 20 |
| Subsequent designation fee filed with WIPO (section 66(a)), per class | $500 | $600 | $100 | 20 |
| Fee for insufficient information (sections 1 and 44), per class | n/a | $100 | n/a | n/a |
| Fee for using the free-form text box to enter the identification of goods/services (sections 1 and 44), per class | n/a | $200 | n/a | n/a |
| For each additional group of 1,000 characters beyond the first 1,000 (sections 1 and 44), per class | n/a | $200 | n/a | n/a |
Increases to AAU/SOU, post-registration maintenance, letter of protest, and petition fees
Additionally, the USPTO is increasing the fees for Amendments to Allege Use and Statements of Use by $50, and is increasing fees for post-registration maintenance, letters of protest, and petitions by a range of $25-$150, as shown in the chart below.
| Description | Current fee | Final rule fee | Dollar change | Percent change |
|---|---|---|---|---|
| Amendment to allege use (AAU), per class (paper) | $200 | $250 | $50 | 25 |
| Statement of use (SOU), per class (paper) | $200 | $250 | $50 | 25 |
| Amendment to allege use (AAU), per class (electronic) | $100 | $150 | $50 | 50 |
| Statement of use (SOU), per class (electronic) | $100 | $150 | $50 | 50 |
| Section 9 registration renewal application, per class (paper) | $500 | $525 | $25 | 5 |
| Section 8 declaration, per class (paper) | $325 | $425 | $100 | 31 |
| Section 15 declaration, per class (paper) | $300 | $350 | $50 | 17 |
| Section 71 declaration, per class (paper) | $325 | $425 | $100 | 31 |
| Section 9 registration renewal application, per class (electronic) | $300 | $325 | $25 | 8 |
| Section 8 declaration, per class (electronic) | $225 | $325 | $100 | 44 |
| Section 15 declaration, per class (electronic) | $200 | $250 | $50 | 25 |
| Section 71 declaration, per class (electronic) | $225 | $325 | $100 | 44 |
| Renewal fee filed at WIPO | $300 | $325 | $25 | 8 |
| Letter of protest | $50 | $150 | $100 | 200 |
| Petition to the Director (paper) | $350 | $500 | $150 | 43 |
| Petition to revive an application (paper) | $250 | $350 | $100 | 40 |
| Petition to the Director (electronic) | $250 | $400 | $150 | 60 |
| Petition to revive an application (electronic) | $150 | $250 | $100 | 67 |
Please let us know if you have any questions or would like to discuss.
Best,
