Understanding the Proposed Changes
The fee adjustments, based on a biennial review initiated in fiscal year 2021, are designed to align trademark fees with the full cost of services, promote innovation, and facilitate the effective administration of the U.S. trademark system. The strategic goals of the USPTO include driving U.S. innovation, inclusive capitalism, and global competitiveness through high-quality and timely trademark examination and review.
Here’s a breakdown of the most important proposed changes:
Trademark Application Filing Fees:
Current Fees:
- TEAS Plus: $250 per classTEAS Standard: $350 per class
Proposed Fees:
- Base Application Fee per Class: $350 (no distinction between TEAS Plus and TEAS Standard)
Trademark Application Filing Surcharge Fees:
Insufficient Information Fee:
Current Fee: No equivalent fee
Proposed Fee: $100 per class
Free-Form Text Box Fee:
Current Fee: No equivalent fee
Proposed Fee: $200
Additional Character Fee:
Current Fee: No equivalent fee
Proposed Fee: $200 per each additional group of 1,000 characters beyond the first 1,000
The fee increases address a significant issue plaguing the trademark system: Bad Faith Filings. These are trademark applications submitted with little to no intention of genuine use, often cluttering the system and causing a backlog. The surcharge aims to discourage poorly filed applications and ensure that only serious and well-prepared filings make it through the system.
Implications for Business Owners
For business owners, these fee increases represent a significant change in the cost of protecting intellectual property. Trademarks are vital assets that help businesses distinguish their products and services in the marketplace, prevent counterfeiting, and build brand loyalty. Delaying trademark registration could mean facing higher costs in the near future.
Key Points to Consider:
Act Now to Save Money: With the proposed fee increases set to take effect soon, business owners should expedite their trademark applications. Filing now can save substantial costs, especially if your application requires extensive character counts or uses free-form text.
Prepare Complete Applications: To avoid surcharges, ensure your trademark application includes all necessary information. Utilizing the USPTO’s pre-approved language can help sidestep additional fees.
Budget for Increased Costs: For ongoing and future trademark filings, adjust your budget to account for the new fee structure. This proactive approach will help manage expenses more effectively.
Takeaway
The USPTO’s proposed fee increases are a necessary step to ensure the agency can continue to provide high-quality and timely services. For business owners, this means acting swiftly to file trademark applications and renewals before the new fees come into effect. The costs associated with trademarks are an investment in your brand's future, and by acting now, you can secure your intellectual property with significantly lower expenses.
To maximize your chances of successful registration, consider starting with a free lawyer's check of your trademark. This step will ensure that your trademark meets the necessary legal requirements and has a higher likelihood of approval by the USPTO.
