Understanding the 2025 USPTO Trademark Fee Changes

The United States Patent and Trademark Office (USPTO) has announced significant changes to its trademark fee structure, taking effect January 18, 2025 for USPTO fees and February 18, 2025 for fees paid to the World Intellectual Property Organization (WIPO). These adjustments, affecting 28 trademark fees, reflect the USPTO's biennial review of costs, fees, and revenues to ensure sustainable funding for trademark operations.

A New Application Fee Structure

The most notable change is the replacement of the current two-tiered application system (TEAS Plus and TEAS Standard) with a single base application fee of $350 per class for applications under Trademark Act Sections 1 and 44. This represents a $100 increase from the previous TEAS Plus fee but matches the current TEAS Standard fee.

This new structure introduces a modular approach where applicants may incur additional charges based on their application's complexity and completeness:

• $100 per class for applications with insufficient information

• $200 per class for using free-form text instead of the Trademark ID Manual

• $200 per affected class for each additional 1,000 characters in free-form text descriptions

For most applicants who submit complete applications using the Trademark ID Manual, only the base fee will apply, potentially making this change cost-neutral for well-prepared filings.

Madrid Protocol Applications

Fees for Section 66(a) Madrid Protocol applications will increase from $500 to $600 per class, with an identical increase for subsequent designations. These adjustments aim to align Madrid application costs with the expected fees for direct filings under the new base application system. The USPTO notes these changes will become effective February 18, 2025, a month after domestic fee changes.

Increased Post-Registration Maintenance Fees

Post-registration maintenance fees will see uniform increases to balance application costs and address higher processing requirements:

Section 9 renewals: increasing from $300 to $325 per class

Section 8 declarations: increasing from $225 to $325 per class

Section 15 declarations: increasing from $200 to $250 per class

Section 71 declarations: increasing from $225 to $325 per class

These adjustments reflect changing filing patterns and processing costs for maintaining registered trademarks.

Significant Increases for Petitions and Intent-to-Use Filings

Some of the largest percentage increases affect petition fees:

• Petitions to the Director will increase 60% (from $250 to $400)

• Letters of protest will triple (from $50 to $150)

• Petitions to revive applications will increase 67% (from $150 to $250)

Intent-to-use filings will see their first fee adjustment since 2002, with both amendments to allege use and statements of use increasing 50% (from $100 to $150 per class). These increases address rising examination time due to questionable specimens and the need for additional office actions.

Strategic Planning for 2025

Trademark applicants should consider several strategies before filing new applications or renewals:

• Prepare applications using the Trademark ID Manual to avoid surcharges

• Keep goods and services descriptions concise to avoid character count fees

• Review portfolios to identify renewals or maintenance filings due in 2025 and later

These changes reflect the USPTO's focus on encouraging more complete, accurate applications while ensuring sufficient funding for efficient trademark operations. The new fee structure rewards applicants who submit well-prepared filings while recovering more costs from applications requiring additional examination resources.

Need Assistance?

If you need assistance with the USPTO representation; trademark application consultation, preparation or filing; or your trademark registration maintenance, contact Expand Counsel.