Big Changes Coming to Trademark Filings in 2025
Higher Fees & More Complicated Applications
Starting January 18, 2025, significant changes to the trademark application process and fees will take effect, making it more important than ever to have professional legal assistance.
Though there are some higher fees for filing an application, it is more important now than ever before to make sure your mark is clear, does not infringe on others’ trademark rights, and to file your trademark as soon as possible. It’s becoming harder and harder to create a new brand that is not already being used in the marketplace. Protecting your rights by filing a trademark application should be at the top of your to do list for your business. File now so you have no regrets later.
If you’ve filed, or investigated filing, a trademark application recently, you’ll know that there’s an extensive waiting period of 9 months or more before your application is even viewed by an examining attorney. They are simply overwhelmed by the number of applications. These tighter rules and fees aim to improve the accuracy of filings and reduce fraudulent applications, but they also make it harder for non-attorneys to navigate the process effectively.
Stricter Filing Requirements
The USPTO is implementing more rigorous requirements for filing trademark applications, making the process more complex for individuals who attempt to file on their own. Applicants will need to:
-
-
Provide more detailed descriptions of goods and services.
-
Ensure that all specimens submitted (proof of use) meet stricter standards.
-
Avoid common filing errors that could result in delays or denials.
-
Increased Trademark Filing Fees
The United States Patent and Trademark Office (USPTO) is raising its fees for various trademark services. Previously the USPTO offered a summary filing options known as TEAS Plus, which had a lower filing fee. This application is being eliminated and all applications are being combined to one standard application and filing fee.
Application Filing Fees: The cost to apply for a trademark will increase, with fees dependent on the number of classes you file under.
Renewal Fees: Existing trademark holders will also face higher costs when renewing their registrations.
Other Administrative Fees: Requests for extensions, amendments, and appeals will also see fee hikes.
All of these changes reflect the USPTO’s efforts to modernize its systems and address the rising demand for trademark services.
Summary of Fee Increases
-
Combining TEAS Plus and TEAS Standard Application making the filing fee per class $350 instead of $250 for the TEAS Plus Application (increase of $100 per class).
-
Using descriptions of goods not in the Trademark ID Manual and Master List additional fee of $200 per class.
-
Class description of goods or services over 1,000 characters additional fee of $200 per class.
-
Surcharges applied to applications that do not clearly show the mark, have inaccurate descriptions of goods or services, failed to list a translation, or a deficient specimen.
-
Statement of Use for Intent to Use Applications increased by $50.
-
Renewal Increases: 5 Year Renewal for Section 8 & 15 increase fee of $150.
Why You Need an Attorney Now More Than Ever
With these changes, filing a trademark without the assistance of an experienced attorney will become even more challenging. Here’s why:
-
Avoid Costly Mistakes: Errors in your application can lead to rejections or delays, potentially costing you additional fees and time. The USPTO is instituting fees for providing insufficient information in your application, not providing a translation when necessary, inaccurate mark descriptions, inaccurate good/service descriptions. This can add to hundreds of dollars and months of delays.
-
Compliance with New Standards: Attorneys stay updated on the latest rules and can ensure your application meets all USPTO requirements.
-
Maximize Your Protection: AMC Legal performs a professional Trademark Search which can explore and research the right classes of goods or services for your mark, the proper descriptions, translations, and other components to drastically reduce any delays and additional costs for your application.
-
Efficient Handling: Attorneys can streamline the filing process, saving you money, time and stress.
0 Comments