Important Update From RPJ Partner Deena Merlen on Trademark Registration

The United States Patent and Trademark Office (the “PTO”) has announced changes to the fees charged in connection with trademark registration. This includes increases to many existing fees and the introduction of certain new fees.

The PTO is introducing new fees for applications that are incomplete or contain custom identifications of goods or services to encourage more complete applications, which the PTO hopes will improve examination efficiency and help reduce pendency.  If the new fees have the desired result, that would be most welcome, because – as our trademark clients know all too well! – after an applicant files a trademark application with the PTO, it typically takes a good eight to nine months before your trademark application is even examined by the government Trademark Examiner assigned to it.  Let us hope the new fee structure has the desired effect and helps the PTO to improve the speed and efficiency with which trademarks are registered in the coming year!

Although these developments do mean that some trademark applicants will see additional PTO fees based on the complexity or completeness of their application, we expect the majority of our trademark clients will only pay the base fee and won’t be subject to those new additional fees.

The PTO is also eliminating the “discount” that applicants could previously enjoy by using the TEAS Plus application form, with respect to which the application filing fee had been $250 per class.  There will no longer be a reduced application filing fee for using the TEAS Plus form instead of the standard form.  With the elimination of the “discount” for using the TEAS Plus form, the application filing fee for all new trademark applications will rise from $250 to $350 per class.

For our clients with international trademark portfolios, please note that with respect to your Section 66(a)-based Madrid applications, the PTO is adjusting the existing application fee to a level that corresponds with what Madrid applicants would expect to pay, on average, if filing directly under the base application and surcharge system.

The below chart summarizes all the fee changes announced by the PTO, which take effect as of January 1, 2025:

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Partner Deena R. Merlen, who counsels clients in areas of employment and labor law, intellectual property, media and entertainment, general business law, commercial transactions and dispute resolution. Ms. Merlen is admitted to practice law in Connecticut and New York.