Projecting to slash trademark pendency (both first action and total) by more than 34% despite a projected increase of approximately 25% in the number of trademark applications, USPTO changes fee structure.
Set to be published on Monday 11/18/2024 (and to take effect on January 18, 2025), the USPTO has announced a new trademark fee schedule. Regarding filing fees, in short, the USPTO is eliminating certain application filing distinctions (with electronic filing fees of either $250 or $350) in favor of a “base application” fee of $350. The USPTO will still charge an additional $100 for failing to provide sufficient information, which are the following requirements for a base application (to be provided in 37 CFR §§ 2.22(1) through (20)):
The applicant’s name and domicile address;
The applicant’s legal entity;
The citizenship of each individual applicant, or the state or country of incorporation or organization of each juristic applicant;
If the applicant is a domestic partnership, the names and citizenship of the general partners, or if the applicant is a domestic joint venture, the names and citizenship of the active members of the joint venture;
If the applicant is a sole proprietorship, the state of organization of the sole proprietorship and the name and citizenship of the sole proprietor;
One or more bases for filing that satisfy all the requirements of § 2.34. If more than one basis is set forth, the applicant must comply with the requirements of § 2.34 for each asserted basis;
If the application contains goods and/or services in more than one class, compliance with § 2.86;
A filing fee for each class of goods and/or services, as required by § 2.6(a)(1)(ii) or (iii);
A verified statement that meets the requirements of § 2.33, dated and signed by a person properly authorized to sign on behalf of the owner pursuant to § 2.193(e)(1);
If the applicant does not claim standard characters, the applicant must attach a digitized image of the mark. If the mark includes color, the drawing must show the mark in color;
If the mark is in standard characters, a mark comprised only of characters in the Office’s standard character set, typed in the appropriate field of the application;
If the mark includes color, a statement naming the color(s) and describing where the color(s) appears on the mark, and a claim that the color(s) is a feature of the mark;
If the mark is not in standard characters, a description of the mark;
If the mark includes non-English wording, an English translation of that wording;
If the mark includes non-Latin characters, a transliteration of those characters;
If the mark includes an individual’s name or likeness, either (1) a statement that identifies the living individual whose name or likeness the mark comprises and written consent of the individual, or (2) a statement that the name or likeness does not identify a living individual (see section 2(c) of the Act);
If the applicant owns one or more registrations for the same mark, and the owner(s) last listed in Office records of the prior registration(s) for the same mark differs from the owner(s) listed in the application, a claim of ownership of the registration(s) identified by the registration number(s), pursuant to § 2.36;
If the application is a concurrent use application, compliance with § 2.42;
An applicant whose domicile is not located within the United States or its territories must designate an attorney as the applicant’s representative, pursuant to § 2.11(a), and include the attorney’s name, postal address, email address, and bar information; and
Correctly classified goods and/or services, with an identification of goods and/or services from the Office’s Acceptable Identification of Goods and Services Manual within the electronic form.
Feel free to contact us if we can be of assistance with your trademark application.
