New Trademark Fees Take Effect January 18, 2025 Every two years the USPTO reviews and adjusts trademark fees. This year several fees have been increased affecting both trademark applications and trademark maintenance. The following are the most impactful changes: Trademark Applications: There are no longer two tiers of trademark filings based on description of goods/services. Instead, all trademark applications will be filed as a base application. If the applicant chooses to customize a free-form identification of goods and services, a surcharge will apply. Base application filing fee: $350/class Free-form ID surcharge: $200 Additional surcharge for free-form ID exceeding 1000 words: $200 Statement of Use (SOU)/Amendment to Allege Use (AAU): $150 (increased from $100) These changes mean that the overall cost to file a trademark application in one class increases by at least $100 on January 18. So, if you are ready to file an application or you are ready to file the SOU/AAU for your already filed intent-to-use application, filing by January 17 can save you some money. Trademark Maintenance: Trademark registrations must be maintained by filing a Declaration of Use and a Declaration of Incontestability between the 5th and 6th year from the registration date and by filing a renewal application every 10 years from the registration date. All of these fees are increasing on January 18. Section 9 Renewal Application fee: $325 (increased from $300) Section 8 Declaration of Use fee: $325 (increased from $225) Section 15 Declaration of Incontestability fee: $250 (increased from $200) These changes mean the overall cost to maintain your trademark registration in one class increases by $175 on January 18. So, if your window to pay maintenance fees is open, filing by January 17 can save you some money. For a full list and explanation of all trademark fee changes you can visit the USPTO website: https://www.uspto.gov/trademarks/fees-payment-information/summary-2025-trademark-fee-changes
You can file an application for a U.S. trademark registration as soon as a name, logo, or slogan is chosen. While a trademark registration will not issue until the trademark has been used in commerce, the application can be filed based on actual use or intent to use. Filing your application as soon as possible establishes your rights to the mark before others have the chance to do so. Filing as early as possible can avoid a lot of time, expense, and headaches trying to prove first use of a trademark or the burden of needing to rebrand. If a use-based application is filed, you must be able to show use in commerce at the time of filing and provide a first use date. If an intent-to-use application is filed, you will have to show use in commerce once the application is allowed. If you are still not using the mark at the time the Notice of Allowance is issued by the Trademark Office, you can file an extension of time to gain another 6 months to start using the mark. You can file extension requests every 6 months for up to a total of five extensions of time. If you would like more information about trademarks and the registration process, please contact us to ask a question or schedule a free 30-minute consultation.