November 25th, 2024

Possible Penalty Fees for Trademark Applications for You?

Hello Reader,

I want to inform you about significant changes to the United States Patent and Trademark Office (USPTO) trademark application process, effective January 18, 2025.
USPTO

Key Changes:

Single Application Option: The USPTO will consolidate the current TEAS Plus and TEAS Standard applications into a single filing option.
New Surcharges:
- Custom Descriptions: Using a custom description of goods and services not found in the USPTO's Trademark ID Manual will incur a $200 per class surcharge.
- Lengthy Descriptions: Descriptions exceeding 1,000 characters will face an additional $200 per class surcharge for each additional 1,000-character increment.

The new fee structure introduces higher surcharges to discourage overly broad or vague descriptions, aiming to enhance the clarity and efficiency of the trademark registration process.

Implications:

Increased Costs: Applicants using custom or lengthy descriptions will face higher fees, potentially raising the overall cost of trademark registration.
Enhanced Scrutiny: The USPTO's focus on precise descriptions may lead to more rigorous examination of applications, increasing the importance of accurate and specific filings.

Recommendations:

Review Descriptions: Carefully assess your goods and services descriptions to align with the USPTO's Trademark ID Manual, avoiding unnecessary surcharges.
Seek Professional Guidance: Consulting with a trademark attorney can help navigate these changes, ensuring compliance and reducing the risk of additional fees or application issues.

If you have any questions or need assistance with your trademark filings, please feel free to reach out. We're here to help you navigate these updates effectively.
Keep Your Brand Safe and Protected,
J.J. Lee and the Trademark Lawyer Law Firm Team!

PS. Contact us to mark sure your business is protected!

Categories:

What are Trademark Application Suspensions?

Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.

What are Disclaimers for Trademarks?

A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights. A good example of this is disclaiming “café” if your services are for a café.

What is the Supplemental Registry?

If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry. In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.

What is the Date of First Use?

Two dates must be specified in a trademark application: Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade. Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.

What is the Renewal Timeframe for a Trademark?

The renewal timeframe for a trademark is between the 9^th and 10^th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.