Your Summary Of USPTO Trademark Fee Changes Effective January 2025?

Hello Reader,

I am writing to inform you of the upcoming changes to the United States Patent and Trademark Office (USPTO) trademark fees, which will take effect on January 18, 2025. These adjustments are part of the USPTO's regular biennial review to ensure the agency can effectively administer the U.S. trademark system.

Key Changes:

Application Fees:
- The USPTO is consolidating the previous TEAS Plus and TEAS Standard application fees into a single base application fee for applications under Trademark Act sections 1 and 44.
- New surcharges will be introduced for applications that are incomplete or contain custom identifications of goods or services. However, the majority of applicants are expected to pay only the base fee without incurring surcharges.

2. Post-Registration Maintenance Fees:

Fees for post-registration maintenance filings are increasing to rebalance fee collections due to changes in demand and filing patterns.

3. Intent-to-Use Fees:

Fees for Amendment to Allege Use (AAU) and Statement of Use (SOU) filings are increasing. These fees have not been adjusted since 2002, despite increased processing costs and examination time due to the volume of questionable specimens received.

For a comprehensive list of all fee changes, including those for paper submissions, please refer to the USPTO's final rule. USPTO
If you have any questions or need further clarification regarding these changes, please feel free to contact us.
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!

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FAQ

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.

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Founded by J.J. Lee, the Trademark Lawyer Law Firm, PLLC has successfully registered more than 6,500 trademarks with the USPTO. Dedicated to ensuring that your mark is protected from misuse or theft, our attorneys and staff work closely with clients, taking the time to understand the specific needs of their businesses. Professionally handling each matter with integrity, efficiency, and the personalized attention it deserves, you can rest assured that you have a team on your side who is committed to safeguarding your unique brand.

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Your Summary Of USPTO Trademark Fee Changes Effective January 2025?

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