Signigicant USPTO Trademark Changes
On January 18, 2025, the United States Patent and Trademark Office (“USPTO”) implemented new trademark changes, including the introduction of the new Trademark Center, fee increases, new fees and a new application form.
The new Trademark Center replaces the prior Trademark Electronic Application System (“TEAS”). This new Trademark Center not only changes the drafting of class descriptions and forms for filing applications, but it adds the benefit of a docket along with some other functions. Clients will need to understand that the changes will have an impact on (1) filing strategies in order to avoid incurring additional fees and (2) budgeting that was previously relied upon for filing trademarks in the USPTO. Plan to discuss with your attorneys how they will be accounting for the new fees and potential penalties.
The fee changes are significant. The two different types of trademark applications that we have been using, the reduced fee TEAS Plus application and the TEAS Standard application are eliminated. Instead, all new applications will now all begin as “Base Applications” with a fee of $350 per class. To qualify for this minimum fee, applications must use approved identifications from the USPTO’s ID Manual and not exceed 1,000 characters in the description of goods/services per class. New fees include: (1) an additional $100 per class for not meeting specific requirements (previously required for TEAS Plus applications); (2) an additional $200 per class penalty when the ID Manual is not used to detail the goods and/or services (i.e., using free-form text); and (3) for applications with lengthy identifications of goods and/or services, an additional $200 for each 1,000 characters beyond the first 1,000. In addition, international filings under the Madrid Protocol will rise to a base cost of $600 per class (an increase of $100), plus the other potential penalties and costs, starting February 18, 2025.
There are also increased fees for other routine filings (e.g., Section 9 Renewal Applications increased by $25 and Section 15 Declarations of Incontestability increased by $50) and now there will be a surcharge of $100 if the “Base Application” does not meet all requirements at the time of filings. There are 19 circumstances that could result in this surcharge, including: (1) misclassifying the goods and services, (2) not initially including translations or transliterations of foreign wording, and (3) failing to provide the applicant’s domicile address. These surcharges do not apply to applications filed under the Madrid Protocol.
It is more important than ever to gather as much information as possible for new applications to minimize penalties.
