The U.S. Patent and Trademark Office (USPTO) recently published notice that it intends to move forward with plans to increase trademark filing fees effective November 2024. According to the USPTO, the fee increases are necessary to align fees with the costs of trademark services.
The fee increases coincide with the USPTO’s plan to overhaul the trademark filing system. Under the plan, the USPTO will discontinue the current Trademark Electronic Application System (TEAS) Standard and Plus application filing options and fees. They will be replaced with a single, base application filing option. The filing fee for a basic application will increase from $250 to $350.
The proposal also includes new application surcharges, which the USPTO hopes will promote efficient filing behaviors, including the following fees:
· $100 for an incomplete application
· $200 per class for using a custom description of goods or services rather than choosing a pre-approved identification from the USPTO’s Trademark ID Manual
· $200 per class for excessively long identifications (each additional group of 1,000 characters in excess of the first 1,000 characters, including spaces and punctuation)
The USPTO also intends to increase fees for filing statements of use and post-registration maintenance filings. Filing fees for letters of protest and petitions to the Director will also increase. The table below provides a summary of the proposed fee increases for common trademark filings. The full Notice of Proposed Rulemaking can be found here.
The new USPTO filing system with its various fees and surcharges will be somewhat complicated and its impact on your business operations can be confusing. Parsons’ intellectual property team is well versed in the changes and ready to help counsel you on best practices.
