The United States Patent and Trademark Office (USPTO) has implemented significant changes to its trademark filing fee structure, effective January 18, 2025. These changes represent a fundamental shift from the previous two-tier system to a single base fee with potential surcharges for complex applications.

NEW BASE FEE STRUCTURE

The USPTO has consolidated its previous Trademark Electronic Application System (TEAS) Standard and TEAS Plus application categories into a single filing system with a base fee of $350 per class. This streamlined approach eliminates the previous distinction between filing options, but introduces new complexity through targeted surcharges.

KEY CHANGES AND ADDITIONAL COSTS

Applicants will see fee increases across the board – from application fees to post-registration maintenance fees – with some increases as high as $150. View a complete summary of the USPTO Fee Changes. In particular, applicants should be aware of two significant surcharges that could substantially increase filing costs:

1. Non-Standard Identification Surcharge ($200 per class): This surcharge applies when applications use free-form identification of goods and services instead of pre-approved options from the Trademark ID Manual. With this surcharge, the USPTO hopes more filers will use the pre-approved identifications which will, in turn, result in examination efficiency and help reduce pendency.
2. Length-Based Surcharges ($200 per 1,000 characters): Any custom identifications that exceed 1,000 characters will be surcharged an extra $200 for each additional 1,000-character increment.

STRATEGIC IMPLICATIONS FOR TRADEMARK FILERS

These changes create important strategic considerations for trademark applicants. While the base fee is now standardized, total costs could potentially exceed previous TEAS Standard fees if applications trigger multiple surcharges. As a result, careful consideration should be given to using pre-approved identifications from the Trademark ID Manual when possible to avoid the $200 per-class surcharge. Likewise, applicants should consider bundling related goods or services to optimize character count while maintaining comprehensive protection. With the new surcharge for lengthy IDs, concise descriptions will be key.

LOOKING AHEAD

These changes reflect the USPTO’s ongoing efforts to align fees with the full cost of trademark services, increase efficiency in the examination process, and reduce examination wait periods (which are currently six to seven months). As described above, the new fee structure may require adjustment to filing strategies.