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On November 18, 2024, the USPTO issued a final rule to increase certain trademark filing fees. The fees will take effect January 18, 2025.  A full list of the changes, including some discontinued filing options, can be found here.

While the per Class fee for filing a standard electronic trademark application has not changed and is still $350 per Class, there are a few increases and new fees that filers should be aware of.

For foreign applicants, filings via WIPO have increased by $100 per Class.

The USPTO has also instituted new fees, such as for when an applicant provides “insufficient information” in an initial application–such as failing to include a translation statement, or when an applicant creates a “free form” identification versus using language from the identification manual.  There are also new fees for identifications consisting of more than 1000 characters.

A summary of some of the notable changes appear in the chart below, and we are always happy to assist our clients with analyzing how these new fees may impact their filing strategy and yearly budgeting.

Fee category Paper or electronic submission Description Current fee Final rule fee $

Change

% Change
Application filings Electronic Base application, per class $350 $350 n/a n/a
Application filings Electronic Application fee filed with WIPO (§66(a)), per class $500 $600 $100 20%
Application filings Electronic Subsequent designation fee filed with WIPO (§66(a)), per class $500 $600 $100 20%
Application filings Electronic Fee for insufficient information (§§1 and 44), per class n/a $100 n/a n/a
Application filings Electronic Fee for using the free-form text box to enter the identification of goods/services, per class n/a $200 n/a n/a
Application filings Electronic For each additional group of 1,000 characters beyond the first 1,000 (§§1 and 44), per class n/a $200 n/a n/a
Intent to use/Use fees Electronic Amendment to allege use (AAU), per class $100 $150 $50 50%
Intent to use/Use fees Electronic Statement of use (SOU), per class $100 $150 $50 50%
Trademark processing fees Electronic Petition to the Director $250 $400 $150 60%
Trademark processing fees Electronic Petition to revive an application $150 $250 $100 67%
Trademark processing fees Electronic Letter of protest $50 $150 $100 200%
Post-registration maintenance fees Electronic §9 registration renewal application, per class $300 $325 $25 8%
Post-registration maintenance fees Electronic §8 declaration, per class $225 $325 $100 44%
Post-registration maintenance fees Electronic §15 declaration, per class $200 $250 $50 25%
Madrid Protocol fees Electronic §71 declaration, per class $225 $325 $100 44%
Other trademark fees Electronic Renewal fee filed at WIPO $300 $325 $25 8%

 

© 2024 Sterne, Kessler, Goldstein & Fox PLLC

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