For Trama Clients: How to Lock in Lower Costs
The upcoming USPTO fee increases are a call to action for businesses to prioritize their trademark registrations. Trama is here to make the process seamless and cost-effective. Here’s how we can help you avoid additional costs:
Key Deadlines
Invoices Paid: Ensure your invoice is settled by 7 January 2025. This guarantees that your application will be processed before the fee increase takes effect.
Application Approval: Approve your application draft by 14 January 2025. A swift communication with our legal team and timely submission of further information if asked for are crucial for speeding up the application drafting stage. This ensures Trama has time to review and submit your filing before the fee increase.
By adhering to these deadlines, Trama can file your trademark under the current fee structure, saving you up to $100 per class.
To maximize your chances of successful registration, consider starting with a free lawyer's check of your trademark. This step will ensure that your trademark meets the necessary legal requirements and has a higher likelihood of approval by the USPTO.
What’s Changing: A Detailed Overview of USPTO Fee Adjustments
The fee adjustments are designed to align trademark fees with the full cost of services, promote innovation, and facilitate the effective administration of the U.S. trademark system. The strategic goals of the USPTO include driving U.S. innovation, inclusive capitalism, and global competitiveness through high-quality and timely trademark examination and review.
Here’s a breakdown of the most important proposed changes:
1. Increased Base Filing Fees
The USPTO will eliminate the distinction between TEAS Plus and TEAS Standard filings, simplifying the structure but increasing costs.
Current Fees:
TEAS Plus: $250 per class
TEAS Standard: $350 per class
New Fees (Effective January 2025):
Base Application Fee: $350 per class (flat rate for all filings)
2. Introduction of New Surcharges
To discourage incomplete or overly complex filings, several new surcharges will be introduced:
Insufficient Information Fee:
New Fee: $100 per class for applications missing critical details.
Free-Form Text Box Fee:
New Fee: $200 per application for utilizing non-standard descriptions or language.
Additional Character Fee:
New Fee: $200 per each additional group of 1,000 characters beyond the first 1,000.
The USPTO has also announced increases to the fees for two important filings:
Amendment to Allege Use (AAU)
Current Fee: $100 per class
New Fee: $150 per class
Statement of Use (SOU)
Current Fee: $100 per class
New Fee: $150 per class
4. Increased Post-Registration Maintenance Fees
The USPTO is increasing fees for post-registration maintenance filings to balance the cost of base applications and offset higher processing costs. These increases will apply to renewals and declarations, which are vital for maintaining trademark rights:
Section 9 Registration Renewal Application:
Current Fee: $300 per class
New Fee: $325 per class
Section 8 Declaration:
Current Fee: $225 per class
New Fee: $325 per class
Section 15 Declaration (Incontestability):
Current Fee: $200 per class
New Fee: $250 per class
Section 71 Declaration (International Registrations under the Madrid Protocol):
Current Fee: $225 per class
New Fee: $325 per class
Renewal Fee Filed at WIPO (for Madrid Filings):
Current Fee: $300 per class
New Fee: $325 per class
These fee increases address rising processing costs and the increased volume of maintenance filings.
Takeaway
The USPTO’s proposed fee increases are a necessary step to ensure the agency can continue to provide high-quality and timely services. For business owners, this means acting swiftly to file trademark applications and renewals before the new fees come into effect. The costs associated with trademarks are an investment in your brand's future, and by acting now, you can secure your intellectual property with significantly lower expenses.
To maximize your chances of successful registration, consider starting with a free lawyer's check of your trademark. This step will ensure that your trademark meets the necessary legal requirements and has a higher likelihood of approval by the USPTO.
