Upcoming Trademark Fee Increases: What You Need to Know
- Shannon McCue
- Nov 15, 2024
- 2 min read
Updated: Nov 19, 2024
As part of our committee work, CueCards received advance notice of a significant increase in trademark fees. The U.S. Patent and Trademark Office (USPTO) has proposed an across-the-board fee adjustment, with changes ranging from 5% to 50% over current rates. This proposal will officially be published for public comment on Monday, November 18, 2024, with the new fees set to take effect on January 18, 2025.
Here’s a quick breakdown of some key changes:
New Trademark Applications: Filing fees will increase by $100 per class, from $250 to $350.
Trademark Renewals:
5-Year Renewal (Section 8/15): Increasing from $575 to $775 per class.
10-Year Renewal (Section 8/9): Increasing from $825 to $950 per class.
A full list of all fee increases has been published at the following: https://www.federalregister.gov/documents/2024/11/18/2024-26644/setting-and-adjusting-trademark-fees-during-fiscal-year-2025
Similar increases are planned for patent filings. These adjustments are part of the USPTO’s efforts to ensure sustainable operations, adapt to inflationary pressures, and support its ongoing modernization initiatives. While these changes may help the office enhance its services, they represent a significant cost increase for intellectual property owners and applicants.
What This Means for Businesses
For businesses, particularly startups and small enterprises, these changes could impact the cost of protecting intellectual property. A 40% increase in new application fees, for example, may lead some businesses to delay or curtail filings potentially leaving their brands and innovations vulnerable. Similarly, higher renewal fees might affect how trademark portfolios are managed, especially for companies with multiple marks or marks covering several classes.
How to Prepare for Trademark Fee Changes
With the effective date just around the corner, here are some strategies to minimize the financial impact:
File Early: If you’ve been considering filing a new trademark application, act now. Filing before January 18, 2025, will save you $100 per class.
Check Your Renewals: Trademark owners with registrations in their 6-month renewal window (around the 5-year or 10-year mark) should renew before the end of the year to lock in current rates.
Plan Your Portfolio: Review your trademark strategy and prioritize key filings and take a hard look at scope of goods/services. Focus on those most critical to your business operations.
Next Steps
Taking stock of your current trademark portfolio is critical. Review your active registrations to identify marks nearing renewal deadlines and analyze any planned filings for the next six months. For larger portfolios, conduct an in-depth review of the goods and services associated with each trademark. By removing unused or outdated classes, you can avoid unnecessary renewal costs and simplify future filings. Anticipating similar increases for patents, a good strategy may include a broader look at potential innovation and product design changes with an eye towards staying ahead of fee increases.
If you need assistance navigating these changes or conducting a portfolio analysis, we’re here to help. Our concierge IP services are designed to provide cost-effective, strategic support tailored to your business needs. Reach out today to ensure your trademarks remain protected without overspending.
