Overview
The U.S. Patent and Trademark Office (“USPTO”) has announced changes to its fee schedule for 2025. Key changes include a new pricing structure for applications and higher rates for certain services. The majority of the changes will take effect on January 18, 2025. The new application fee structure is aimed at incentivizing applicants to adopt the USPTO’s pre-approved language to identify their goods and services, and to file shorter and more complete applications. Applicants who do otherwise will face “surcharges” that will meaningfully increase their filing costs.
The USPTO is replacing its dual application system (TEAS standard and TEAS Plus) with a single basic filing system. The new basic filing fee is $350 per class. The USPTO is also introducing new surcharges to applications, including:
- A surcharge for free-form text identifications, not taken from the ID Manual, of $200 per class.
- A surcharge for “incomplete” applications of $100 per class.
- To be complete, an application must satisfy 19 requirements, such as Applicant’s name, domicile address, entity type, correct color claim, mark description, and more.
- A surcharge for free-form identifications over 1,000 characters of $200 for each additional 1,000 characters, per affected class.
These surcharges will not only affect new applications, but they will also be applied to any TEAS Plus applications that are still pending on or after January 18. Standard TEAS applications filed before January 18 will not be subject to the surcharges.
A comparison of the other changes is below:
| Type of Filing | Current Fee | New Fees |
|---|---|---|
| Submission of Intent to Use Evidence (Amendment to Allege Use/Statement of Use) | $100 per class | $150 per class |
| 5–6 Year Use Declaration | $225 per class | $325 per class |
| 9–10 Year Renewal Declaration | $300 per class | $325 per class |
| Declaration of Incontestability | $200 per class | $250 per class |
| Letter of Protest | $50 | $150 |
| Petition to Director | $250 | $400 |
| Petition to revive an application | $150 | $250 |
| Renewal through WIPO | $300 per class | $325 per class |
In addition to the changes for applications filed directly in the U.S., the new fee schedule will impact Madrid filings as well, although with some important differences. First, the fee changes for Madrid filings will not take effect until February 18, 2025. Second, the Madrid filing fee will increase from $500 per class to $600 per class. The USPTO believes that the $100 increase is comparable with what Madrid applicants would pay, on average, if they were filing directly with the USPTO and paying surcharges. Finally, Madrid filings will not be subject to surcharges for “insufficient information,” “free-form text identifications not taken from the manual,” or “free-form identifications over 1,000 characters.”
