Understanding the Upcoming USPTO Fee Increases: What You Need to Know

The United States Patent and Trademark Office (USPTO) recently announced an upcoming fee increase slated to take effect on January 19, 2025, impacting trademark applicants, owners, and practitioners. This adjustment, which follows the USPTO’s periodic reviews of operational costs, aims to ensure the agency maintains its ability to deliver quality services and uphold the intellectual property system’s integrity. Here’s what you need to know about these changes, their rationale, and how they may affect you.

Key Fee Changes for Trademarks
Trademark applicants and registrants will face higher costs, including:

1. Application Fees: The cost for filing a trademark application will increase for both TEAS Standard and TEAS Plus filings.
2. Post-Registration Maintenance: Fees for declarations of use and renewals will rise significantly.
3. Appeals and Oppositions: Higher fees will apply to filing appeals, oppositions, and cancellations before the Trademark Trial and Appeal Board (TTAB).

What It Means for Trademark Applicants: These increases highlight the importance of filing accurate applications and maintaining marks diligently to avoid costly errors. Businesses should consider the fee increase date and additional fee increases to mitigate the impact of these changes.

Why Is the USPTO Increasing Fees?
The USPTO is a self-funded agency that relies on user fees to sustain its operations. It periodically evaluates its fee structure to align with its long-term strategic goals, rising operational costs, and the evolving needs of its stakeholders. The last significant fee adjustment occurred in 2020, and the current increase reflects:

1. Inflationary Pressures: Costs for labor, technology upgrades, and facilities have risen, necessitating higher fees to maintain service levels.
2. Modernization Needs: Investments in IT systems, automation, and cybersecurity are vital to ensuring efficient and secure processing of trademark applications.
3. Operational Backlogs: Additional resources are required to address the growing volume of applications and reduce pendency periods.

How to Prepare for the Fee Increases
To minimize disruptions and manage costs effectively, consider the following strategies:

1. File Before the Deadline: If you’re planning to file a trademark application or take action requiring a fee, consider doing so before the fee changes take effect.
2. Leverage Discounts: Verify your eligibility for small or micro-entity discounts and ensure all necessary certifications are in place.
3. Bundle Actions: If possible, consolidate multiple actions (e.g., filing amendments or responses) into a single submission to reduce cumulative costs.
4. Seek Professional Guidance: Consult with a trademark attorney to develop cost-effective filing and maintenance strategies tailored to your intellectual property portfolio.

Need help?
Please contact Mark Warzecha if you have any questions related to the fee increases or how it may affect your IP decision making or portfolio at 321-255-2332.

About the Author

Mark F. Warzecha is an attorney focused on intellectual property prosecution and litigation. He manages extensive intellectual property portfolios both domestically and internationally, providing clients with strategic guidance to protect and maximize their business assets. Mark advises a diverse range of clients, from entrepreneurs to corporations, offering legal solutions in trademark and patent infringement, unfair competition, domain name disputes, trade secrets, and brand protection. He is a recognized authority in his field, frequently speaking at industry events and contributing to legal publications on intellectual property issues. Outside his legal practice, he is a founding board member of the No Bad Days Foundation, supporting children with disabilities, and a passionate fisherman who has achieved a lifetime grand slam catch.