USPTO Seeks to Increase Trademarks Fees

The U.S. Patent and Trademark Office (UPSTO) announced a proposed rule on March 26, 2024, to change the fee structure for trademark applications. The proposed rule aims to:

  1. promote innovation strategies;
  2. align fees with the full cost of trademark services;
  3. set fees to facilitate the effective administration of the trademark system; and
  4. offer application processing options.

The USPTO has proposed to create application fees that incentivize more complete and timely filings and improve prosecution. The Trademark Electronic Application System (TEAS) Plus and TEAS Standard applications will be consolidated into one application. Currently, the TEAS Plus application allows applicants to select a category from the Trademark ID Manual for $250. While the TEAS Standard application provides an update that will allow applicants to describe the purpose of the trademark using a free-form text box, the utility of the trademark will carry a $350 fee to apply.

USPTO’s proposed rule will cost applicants $350 to apply using the ID Master List and will require an additional $200 for the use of a free-form text box. This will increase the costs of all trademark applications and incentivize the use of the Trademark ID Manual rather than the use of a free-form text box to explain the purpose and nature of the trademark.

Comments regarding the fee increase must be received before May 28, 2024.

Please contact David Mullis, david.mullis@sba.gov, or 202-830-2292, with small entity concerns.

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