USPTO proposes new filing rules for 2025

On 26 March 2024 the USPTO issued a proposal in the Federal Register concerning changes to trademark application filings and fee adjustments in trademark cases for 2025. The USPTO is requesting written comments from the public on the suggested rule changes on or before 28 May 2024. The proposed rules seek to generate sufficient multi-year revenue for trademark operations in the coming years based on projections described in the notice.

The changes aim to support the USPTO’s strategic goals and objectives. This includes optimising trademark application pendency through the promotion of efficient operations and filing behaviours, issuing accurate and reliable trademark registrations and encouraging access to the trademark system for stakeholders.

Further, the proposal should incentivise more complete and timely filings, improve prosecution, adjust 31 trademark fees and impose 12 new fees while discontinuing six existing ones. It also seeks to consolidate the current Trademark Electronic Application System (TEAS) filing options – TEAS Plus and TEAS Standard – into a single electronic filing framework. This would include most of the same requirements as TEAS Plus and eliminate those under TEAS Standard. The new filing regime would also discontinue the previous filing fees and fees for failing to meet the requirements of a TEAS Plus application. However, similar to TEAS Plus, applicants that comply with the proposed requirements in their initial filing would pay the lowest fees.

The proposed fee adjustments would:

• set a $350 fee for a base application using the ID Master List, which is $100 more than the current fee for a TEAS Plus application;
• discontinue current fees for filing an application under the Madrid Protocol;
• require surcharge fees of between $100 and $200 for applications that are noncompliant with the base filing requirements;
• require an additional $200 fee per class for the identification of goods and services entered in the free-form text field to incentivise use of the Trademark ID Manual for such identifications instead;
• require an additional $200 fee for each additional group of 1,000 characters in the free-form text field – identifications directly from the ID Manual would not incur these fees;
• increase fees for filing amendments to allege use and statements of use by $50, with a $100 discount for electronic filings;
• increase post-registration maintenance fees from $50 to $75; and
• increase the letter-of-protest fee from $50 to $150.

With regard to the proposed fee adjustments, the notice describes changes to Sections 2(6) and 2(7) of Code 37 of the Federal Regulations. The notice further describes changes to Sections 2(22) and 2(71) of Code 37 regarding base application fees and amendments to correct informalities, respectively.