ARTICLE
11 December 2024

Official U.S. Trademark Fee Increases

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Cowan Liebowitz & Latman PC

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Cowan, Liebowitz & Latman is a leading intellectual property law and litigation firm, with worldwide recognition, providing top-notch, practical, and cost-effective service.  It also represents clients in advertising, media & technology; customs, international cargo & regulatory compliance; corporate & commercial law; real estate law; trusts & estates; and military law.
Effective January 18, 2025, the U.S. Patent and Trademark Office ("PTO") will increase trademark filing fees.
United States Intellectual Property
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Effective January 18, 2025, the U.S. Patent and Trademark Office ("PTO") will increase trademark filing fees as follows:

  • Filing fees for all applications (except WIPO International Registration extensions/designations) will be a uniform US $350 per class. There will no longer be a discount for using PTO pre-approved descriptions of goods and services. In addition, there will be a new penalty fee of US $100 per class for all applications (except WIPO International Registration extensions/designations) which include insufficient filing information.
  • For WIPO International Registration extensions/designations, the per class fee will increase from US $500 to $600. This increase will be implemented for applications with a receipt date on or after February 18, 2025.
  • The PTO is providing significant discounts for applicants which adopt descriptions of pre-set goods and services from its Trademark ID Manual. For all applications (except WIPO International Registration extensions/designations), using free-form text to identify goods and services, rather than goods and services in the Trademark ID Manual, will incur a new US $200 fee per class, and each additional group of 1,000 characters (including punctuation and spaces) entered into the free-form text box will be charged a new US $200 fee.
  • Post-registration maintenance fees will rise from between US $25 and $100.
  • Filing Current Fee New Fee
    Section 9 renewal application per class (filed every 10 years after registration) US $300 $325
    Section 8 declaration of use per class (filed between 5th and 6th years after registration) US $300
    Section 15 declaration of incontestability per class US $200 $250
    Section 71 declaration of use (WIPO IR) per class (filed between 5th and 6th years
    after registration and again every 10 years after registration)*
    US $225 $325
    Renewal fee filed with WIPO per class* US $300 $325
  • Letters of protest will increase from US $50 to $150. Petitions to the Director will increase from US $250 to $400.
  • Amendments to allege use and statements of use will increase from US $100 per class to $150 per class.

Recommended Plan of Action

  • Review upcoming trademark deadlines to file maintenance documents before the increases and budget for additional costs for 2025 filings.
  • Consider using preapproved lists of goods and services from the Trademark ID Manual to save on costs.
  • File complete applications to avoid penalties for incomplete information.
  • Consider filing new applications before the increases.
  • Contact your CLL attorney for specific guidance.

*The fee increase will take place on or after February 18, 2025.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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