The USPTO has finalized its rulemaking on trademark fees, and big changes are coming. On January 18, 2025, the new fee structure will take effect, bringing not only updated costs but also significant procedural changes and a completely revamped application process. Here’s what you need to know to prepare.
Note: I will be teaching a CLE on December 11, 2024 (with recording available) featuring much more details regarding these changes, including practice tips, and information about the new online trademark application filing forms from the USPTO. Details here: 2025 USPTO Changes & Updates from 4L Education.
A Long Time Coming
The process for these changes began more than a year ago, culminating in the USPTO’s announcement on November 18, 2024. The final rule introduces new rules, new fees, and even a new application form to replace the TEAS platform.
What’s New?
The changes go beyond a simple fee update. The USPTO is introducing a new “Base Application” fee structure with potential surcharges based on how the application is prepared.
Key Points About the Base Application:
- The standard filing fee remains $350 per class.
- Additional fees to watch for:
- Not using the ID Manual: $200 per class.
- Lengthy identifications: $200 for each additional 1,000 characters beyond the first.
- “Insufficient Information” fees: $100 per class for failing to meet specific new requirements.
What Counts as “Insufficient Information”?
The new rule incorporates detailed requirements under 37 CFR 2.22(a)(1) – (a)(19). Missing any of the following could trigger the $100 surcharge:
- Color statement, if applicable.
- English translation for foreign-language terms.
- Transliteration for non-Latin characters.
- Consent statement if the mark includes a name or likeness—or a declaration that it does not identify a living individual.
- Failure to provide a proper domicile address.
- Failure to claim ownership of one or more prior registrations for the same mark owned by the applicant.
- There are 20 such requirements in all
Say Goodbye to TEAS
TEAS will be retired on January 18, 2025, and replaced by a new platform, Trademark Center. Applications filed on or before January 17, 2025, will not be subject to the new fee structure.
Madrid Protocol Filings
International filings under Section 66 of the Lanham Act via the Madrid Protocol will see increased fees as well. Starting February 18, 2025, the filing fee for these applications will rise to $600 per class.
Other Fee Increases to Note
The updated fee schedule impacts a variety of other filings as well:
| Filing Type | Old Fee | New Fee |
| Section 8 & 9 Renewals (10 years) | $525 | $650 |
| Section 8 Declarations (6 years) | $225 | $325 |
| Section 15 Declarations | $200 | $250 |
| AAU / SOU Filings | $100 | $150 |
| Letter of Protest | $50 | $150 |
| Petition to Revive | $150 | $250 |
Practice Tips
- Get familiar with the ID Manual. This tool is more important than ever, as straying from it will cost you.
- Double-check your application details. Ensuring all required information is included upfront can save you from costly surcharges.
Final Thoughts
These updates represent a significant shift in how trademark applications are processed and priced. Taking the time to understand the new rules and requirements now will help you and your clients avoid unnecessary costs later. If you have applications to file, consider submitting them before January 18, 2025, to sidestep the new fee structure.
For more information, see the USPTO’s full announcement here.
What do you think of these changes? Let me know in the comments!
