USPTO Proposed Trademark Fee Increases for 2025
In response to what the United States Patent and Trademark Office says are increased operating costs, the USPTO plans to institute a rather high fee increase. These increases range anywhere from 1 1/2to 3 times the current cost. At this time, the Trademark Public Advisory Committee anticipates the fee changes will be implemented on or around November 2024 through 2025.
Recommendations to Minimize Costs:
Early registration maintenance filings, such as Declarations of Use, are encouraged to avoid fee increases.
For any Section 8 or 71 Declaration of Continued Use window between 2024 and 2025, filing during 2024 is encouraged for cost savings.
For any pending US applications based on intent to use, filing the Statement of Use within 2024 is encouraged to avoid fee increases.
Filing applications using the USPTO Acceptable list of Goods and Services is also encouraged to avoid increased fees. Note, while this is encouraged, it is not always possible to accurately describe goods or services using the acceptable list and free form entry may not be avoidable, e.g., some software applications and services, or newly emerging technologies, etc.
To avoid filing Statements of Use where possible, foreign applicants should try to base registration on a home country registration for the same mark, and same or broader goods and services. Note, even if outside the priority window, the registration can be filed after the application is filed to switch basis.
Below are some of the more notable increases to trademark fees. For a full list of the adjustments, visit the USPTO Adjustments Page
We encourage all clients and prospective clients with portfolios in the United States to bear in mind the upcoming potential fee increases.
At Renner Otto, the oldest intellectual property firm in Cleveland, we specialize in assisting our clients as they develop efficient Intellectual Property strategies that are tailored to their business’s needs. Our attorneys are knowledgeable on a wide range of domestic and international IP issues, and we partner with Firms around the world to better serve our clients.
Someone from the Renner Otto team would be happy to discuss this topic or any related Intellectual Property matters.