Attention all trademark filers and registrants: On January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement an increase in trademark filing and maintenance fees. These changes, designed to improve filing accuracy and offset administrative costs, impact both new applications and post-registration filings. However, for businesses and individuals, this represents a financial shift worth preparing for. 

Trademark portfolio managers should take note of this fee adjustment as an opportunity to proactively refine their filing strategies. By planning ahead and strategically timing applications, businesses can minimize unnecessary expenses and optimize their trademark registration process. 

Below is a summary of the changes and key considerations for businesses and legal professionals. 

Key Fee Increases You Need to Know 

New Trademark Application Fee Structure 

The USPTO is moving away from the current three-tier system to a two-tier structure for trademark applications: 

National Applications

The USPTO is consolidating its application system, aligning all filings to the current TEAS Plus requirements. 

  • Application Fee: $350 per class. 
  • Statement of Use: $150 per class (up from $100) 
  • Surcharge Fees (per class): 
    • Insufficient information: $100. 
    • Use of free-form identification of goods/services: $200. 
    • Exceeding 1,000 characters in identification: $200 per additional 1,000 characters. 

Madrid Applications

Filing fee increased to $600 per class. 

Post-Registration Fee Increases 

The USPTO has also raised fees for maintaining and renewing registrations: 

  • Section 9 Renewal: $350 per class (up from $300). 
  • Sections 8/71 Declarations of Use: $325 per class (up from $225). 
  • Section 15 Affidavit of Incontestability: $250 per class (up from $200). 

These adjustments reflect the increasing costs of processing maintenance filings and efforts to combat fraudulent submissions. 

Key Takeaways 

Filing sooner rather than later can help businesses avoid higher fees and additional costs. 

  • For New Applications: Businesses considering trademark filings should submit them before the January 18, 2025 deadline to take advantage of the current lower filing fees.   
  • For Existing Registrations: Trademark holders with upcoming maintenance deadlines (such as renewals) should prioritize submitting these documents promptly. Missing the opportunity to file before the fee increases will result in unnecessary expense. 
  • For Strategic Planners: Proactive portfolio managers should seize this chance to refine their trademark strategies, identifying opportunities to complete filings under the current fee structure. 

Planning ahead is key to minimizing costs and ensuring a streamlined trademark process. 

If you’re considering a trademark filing or have questions about these changes, contact us to consult with a trademark attorney to navigate this evolving landscape.