New USPTO Fee Schedule Effective January 18, 2025

January 9, 2025
Marshall Gerstein Alert

The United States Patent and Trademark Office (USPTO) has adopted a new fee schedule, effective January 18, 2025.  These changes will impact a variety of trademark-related filings and services, including applications, amendments, renewals, and petitions.

The main changes impact applications where the applicant does not use a pre-approved ID from the USPTO ID Manual: crafting your own ID or having an ID more than 1000 characters will result in an increased filing fee.

The USPTO also increased fees for allegations of use, renewals, declarations of incontestability, letters of protest and certain petitions.   More details below, and if you have questions regarding how these trademark fee increases impact you, please contact your Marshall Gerstein trademark attorney.

2025 USPTO Fee Changes:

Initial Application Changes for US National Direct Filings

  • Base Application Fee: The base application fee for a US National Direct Filing will be $350 per class.
  • Surcharges:
    • Incomplete Applications: A $100 surcharge per class will apply if the application is incomplete.
    • Free-form Text for Goods/Services ID: If free-form text is used instead of preapproved drop-down menus, a $200 surcharge per class will be applied.
    • Excessive Free-form Text: If the free-form text exceeds 1000 characters, there will be a surcharge of $200 per additional 1000 characters.

WIPO Madrid Filings Changes

  • Base Application Fee: The fee for a base application filed through WIPO Section 66(a) will be $600 per class.
  • Surcharges Delayed: Currently, WIPO is unable to collect additional surcharge fees. The USPTO will wait until this capability exists before implementing these surcharges.

Intent-to-Use Changes

  • Amendment to Allege Use: The fee will increase from $100 to $150 (if filed electronically).
  • Statement of Use: The fee will increase from $100 to $150 (if filed electronically).

Post-Registration Maintenance Filings

  • § 9 Renewals (filed through WIPO): The fee will be $325 per class (if filed electronically).
  • § 8 Declaration and § 71 Declaration: The fee for both will be $325 (if filed electronically).
  • § 15 Declaration of Incontestability: The fee will be $250 (if filed electronically).

Petitions and Letters of Protest

  • Letter of Protest: The filing fee will be $150.
  • Petition to the Director: The fee will be $400 (if filed electronically).
  • Petition to Revive: The fee will be $250 (if filed electronically).

For more details on the changes to trademark fees, please refer to the following resources provided by the USPTO:

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