Trademark Fees Going Up!

 

The Trademark Office is planning to raise their fees on January 18, 2025.  I want to give you all a quick overview of these changes.  The basic price for a federal trademark application will rise from the current $250 to the new $350 per category of goods and services (i.e. for each "International Class").  There is also a $100/class surcharge for failing to meet certain requirements, such as providing a proper translation or an adequate description of the mark.  Unfortunately, the determination of adequacy may in large part be in the subjective determination of the examiner.  So while I will of course make every effort to avoid these additional charges, and the trademark law community will do our best to figure out how best to navigate the requirements, there is sometimes just no accounting for stupid at the Trademark Office.  Please be aware.

 

As some of you know, the Trademark Office has a huge list of officially-recognized goods and services.  You had, and will still have, the option to come up with your own description instead; the fee for doing so used to be an extra $100 per class, but that will be raised to $200.  This shouldn't even apply to most of you, but it's worth pointing out.

 

In terms of existing applications, if we file the application before you begin use of the mark (an "intent-to-use" application, the cost of filing to prove use of the mark is currently $100/class, but that will rise to $150.  Fortunately, it does not appear that there will be a change in the price of an extension for more time to prove use.  Unfortunately, the fee to renew registrations is also going up.  The renewal required after the first 5 years is increasing from $225 per class to $325, and the every-ten-year renewal price is going from $525 per class to $650.  Filing for incontestability (which may require more explanation for some of you, and I will broach the issue when the appropriate time comes in the life of your trademarks) is also increasing, from $200 per class to to $250.

 

So, if you were thinking about filing to register a trademark, or if you have an existing trademark application or registration that needs something filed in the near future, then you should strongly consider taking action in the next month or two in order to save yourself some money.  I know that a couple hundred bucks is a non-trivial amount for some of you, and I'd rather see you save that money.  Please let me know if you have any questions.