The USPTO just proposed increased trademark filing fees to take effect November 2024
These would be big increases and affect filing strategy
The USPTO recently proposed substantial increases to trademark filing fees that would be effective November 2024. Here are my initial observations:
· USPTO trademark fees probably will go up substantially effective November 2024. Some clients may want to rush to beat the price increase.
· There is a new substantial fee of $200 per class for not using the goods/services ID tool when filing a new application. This creates a powerful incentive to use the USPTO pre-approved goods/services descriptions, even though they often don’t fit the client’s specific use.
· Note the new $200 per class fee for goods/services over 1000 characters per class. This is obviously intended to attack the kitchen-sink applications frequently filed through section 44, which is a way of obtaining a U.S. mark registration based upon registration in another country. These kitchen-sink applications are problematic because it’s usually obvious that the mark is not in use for most of the claimed goods/services, but such fraudulent inclusion often blocks legitimate later-filed applications.
· Amendment to allege use (“AAU”) and, to a lesser extent, statement of use (“SOU”) fees will significantly increase, thereby significantly increasing the cost of filing intent-to-use (“ITU”) instead of on a use basis. A common practice of trademark attorneys has been to file ITU even if the mark is in use to get the application filed quickly rather than waiting for the client to find proof of mark usage and sometimes to increase the chances of not drawing a substantive-rejection office action. Because of the increased cost of going ITU, some clients may choose to take the time to file proof of usage upfront to save on total filing fees.
· Note the cost of a letter of protest will rise to $250 from the nominal $50. The letter of protest is a critical tool for cheaply stopping some problematic applications filed by others.
· The cost of maintaining a mark registration continues to rise. The cost of filing a combined section 8 and section 15 renewal will rise by $125, to $550 per class. The combined cost of filing a section 8 and section 9 affidavit (every ten-year renewal) will rise by a collective total of $125, for a total of $650 per class.