Although USPTO fees typically increase, for different matters, every two years, this year’s increases are sweeping. According to the USPTO, policy rationales for the fee increases included in the published final rule:
- Promote innovation strategies;
- Better align fees with the full cost of trademark services;
- Set fees to facilitate the effective administration of the trademark system;
- Offer application processing options.
These rationales appear in line with forcing application efficiency, with most of the burden being carried by the applicant. Five to ten years ago, applications could be prosecuted, from filing to registration, in about 8-9 months. When the pandemic hit, most prosecution ground to a halt, with applications languishing for more than a year without receiving an Examining Attorney assignment. Inevitably, processing moved at a snail’s pace, or about 15-20 months just to register a fairly straightforward mark.
Some fee increases include application filing fees, which will increase to $350, without the bifurcation between TEAS Plus and TEAS Standard. The USPTO is also attempting to force applicants to use the standardized language found in the Trademark ID Manual, which is much easier for the Examining Corps to review and assess definite identifications of goods and services. While there is an option to customize an identification, it will cost $200 for using the free-form box in the application form in Trademark Center, as well as $200 per 1,000 characters for longer identifications.
Fees are set to increase across all areas of trademark prosecution, including foreign filing, third-party petitions and proceedings, and post-registration.
Additionally, the old TEAS filing platform will be phased out in favor of the newer Trademark Center, which will allow USPTO staff to have auto-generated data in the file histories, presumably making processing of applications more efficient.
Trademark fee at the USPTO are set to increase on January 18, 2025. It is highly recommended to file your application before that date, and discuss the details with us before filing in order to weigh different options and how the fee increases will affect the filing budget. If you have any questions, please contact Yonaxis I.P. Law Group.