Interpretation of the USPTO Trademark Fee Adjustment Plan

USPTO Trademark Fee Adjustment Plan interpretation

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On May 8, 2023, the Director of the US Patent and Trademark Office notified the Trademark Public Advisory Committee (TPAC) of the agency’s proposal to set or adjust trademark-related fees. Once the proposal is passed, it is expected to go into effect in November 2024.

Timeline for proposal implementation:

June 2023: TPAC hearing

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January to March 2024: Proposed rule notice publication

March to June 2024: Public comment period

Before October 2024: Final rule publication

November 2024: Expected effective date of fee changes

Adjustments to basic application fees:

For each class of application (paper application), the fee will be raised from $750 to $850, an increase of 12%;

For basic TEAS Plus applications, the fee for each class will be raised from $250 to $350, an increase of 40%.

Supplemental fees for failing to meet TEAS Plus application requirements (electronic and paper applications) will be eliminated, and the TEAS Standard application option will be eliminated;

An additional fee of $100 per major class will be charged for insufficient information requiring supplementation;

An additional fee of $200 per major class will be charged for using a non-ID Manual class (using a free-form text box).

An additional fee of $200 per major class will be charged for free-form descriptions of subcategories exceeding 1000 characters per category.

The fees for Madrid applications will be adjusted to match those on the USPTO website;

The application fees for Madrid applications for each class and for subsequent designated applications under each class will be eliminated.

For each category, the basic application fee for Madrid application is $350. For each subsequent designated application under the same category, the fee is also $350. If the information provided for each category is insufficient, there will be an additional fee of $100. If using goods and services identifications not included in the next generation ID manual, which requires a free-format text box, there will be a fee of $200 per category. If the number of characters in each category exceeds 1,000, there will be an additional fee of $200 for every extra 1,000 characters.

Adjustment of Intent to Use Application Fees:

The fee for revising the use statement for each category (paper application) has been increased from $200 to $300, a 50% increase. The fee for revising the use statement for each category has been increased from $100 to $200, a 100% increase. The fee for the intent-to-use application for each category (paper application) has been increased from $200 to $250, a 25% increase. The fee for each category’s intent-to-use application has been increased from $100 to $150, a 50% increase.

Request for Evidence of Use Extension can be extended up to six times;

The cost for the first, second, and third requests for a six-month extension for submitting the use statement (paper/electronic application) for each category remains the same;

For the fourth and subsequent requests for a six-month extension for submitting the use statement (paper application) in each category, the fee has been increased from $225 to $350, a 56% increase. The fee for the fourth and subsequent requests for a six-month extension for submitting the use statement (electronic application) in each category has been increased from $125 to $250, a 100% increase.

Trademark Maintenance Fee Adjustment:

The fee for each category’s trademark renewal (paper application) has been increased from $500 to $550, a 10% increase;

The renewal fee for each category is raised from $300 to $350, an increase of 17%;

The update fee submitted to WIPO is raised from $300 to $350, an increase of 17%.

The affidavit fee for the 5th-6th year for each category (paper application) is raised from $325 to $400, an increase of 23%;

The affidavit fee for the 5th-6th year for each category is raised from $225 to $300, an increase of 33%;

The affidavit fee for the 5th-6th year for Madrid trademarks (paper application) for each category is raised from $325 to $400, an increase of 23%;

The affidavit fee for the 5th-6th year for Madrid trademarks for each category is raised from $225 to $300, an increase of 33%.

The fee for the statement of uncontested use (paper application) for each category is raised from $300 to $350, an increase of 17%;

The fee for the statement of uncontested use is raised from $200 to $250, an increase of 25%.

Adjustment of trademark protest and request for review fees:

The fee for trademark protest is raised from $50 to $250, an increase of 400%.

The fee for the request to the Director (paper application) is raised from $350 to $500, an increase of 43%;

The fee for the request to the Director is raised from $250 to $400, an increase of 60%.

The fee for the petition to revive an application (paper application) is raised from $250 to $350, an increase of 40%;

The fee for the petition to revive an application is raised from $150 to $250, an increase of 67%.

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