Why Understanding the USPTO Trademark Fee Schedule Matters: Filing a trademark is one of the smartest investments a business can make. But the costs involved are far from straightforward – and they changed significantly in January 2025. If you’re planning to register a trademark or manage an existing one, understanding the USPTO trademark fee schedule is critical to budgeting your IP strategy accurately.
In November 2024, the United States Patent and Trademark Office (USPTO) announced its final rule on trademark fee adjustments – the most comprehensive update since 2021. The new rules took effect on January 18, 2025 (with Madrid Protocol changes on February 18, 2025), setting or adjusting 28 trademark fees and introducing 7 brand-new fees.
Whether you’re a startup filing your first trademark, an IP attorney managing a large portfolio, or a business owner protecting your brand across international markets – this complete breakdown of the USPTO trademark fee schedule will help you understand exactly what you’ll pay, when, and why.
The USPTO trademark fee schedule is the official list of government fees charged by the United States Patent and Trademark Office for all trademark-related filings and services. These fees apply to:
- Filing new trademark applications
- Responding to office actions and amendments
- Maintaining and renewing registered trademarks
- Filing oppositions, cancellations, and appeals before the Trademark Trial and Appeal Board (TTAB)
- International trademark filings under the Madrid Protocol
The USPTO reviews its fee structure on a biennial basis to ensure that it recovers the aggregate operating costs of trademark administration. Fees are set at levels aligned with four factors: cost recovery, filing volume, program priorities, and operational sustainability.
Important Note: USPTO trademark fees are non-refundable in almost all circumstances. Filing an application does not guarantee registration. Fees are paid on a per-class basis – meaning the more Nice Classification classes your goods or services span, the higher your total cost.
2025 USPTO Trademark Fee Schedule: The Big Changes at a Glance
Here’s a quick summary of the most significant changes effective January 18, 2025:
| Change | Before (Pre-2025) | After (2025) |
|---|---|---|
| TEAS Plus Application | $250/class | Eliminated |
| TEAS Standard Application | $350/class | Eliminated |
| New Base Application Fee | — | $350/class |
| Insufficient Information Surcharge | None | $100/class |
| Free-Form ID of Goods/Services | None | $200/class |
| Excess Character Fee (per 1,000 chars) | None | $200/class |
| Section 8/71 Declaration (Maintenance) | $225/class | $325/class |
| Section 9 Renewal | $300/class | $350/class |
| Section 15 Incontestability | $200/class | $250/class |
| Statement of Use / AAU | $100/class | $150/class |
| Petition to the Director | $250 | $400 |
| Petition to Revive Application | $150 | $250 |
| Letter of Protest | $50 | $150 |
| Madrid Protocol (Section 66(a)) | $500/class | $600/class |
Section 1: Application Filing Fees (The New Base Fee System)
The End of TEAS Plus and TEAS Standard
For years, trademark applicants had two options: the TEAS Plus path ($250/class) with stricter requirements, or the TEAS Standard path ($350/class) with more flexibility. As of January 18, 2025, the USPTO eliminated this two-tier system entirely.
There is now a single base application fee of $350 per class for all applications filed under Trademark Act Sections 1 and 44 – covering use-based, intent-to-use, foreign priority, and foreign registration-based applications.
This change effectively raises the baseline cost for well-prepared applicants who previously qualified for the TEAS Plus rate.
The New Surcharge System
While the base fee is $350/class, the 2025 rules introduce a tiered surcharge system. Think of the $350 as a floor – not a ceiling. Additional fees can be triggered based on the completeness and format of your application.
Surcharge 1: Insufficient Information Fee - $100 per Class
When it applies: If your application under Sections 1 or 44 lacks required information at the time of filing, the USPTO will assess a $100 per class surcharge.
What “complete” means – your application must include:
- The applicant’s name and address
- A depiction of the mark (specimen or drawing)
- A clear identification of goods and/or services
- The filing basis (use in commerce, intent to use, etc.)
- Citizenship of each individual applicant, or state/country of organization for juristic applicants
- For domestic partnerships: names and citizenship of general partners
- For joint ventures: names and citizenship of active members
Pro Tip from Teak IP: Incomplete applications don’t just cost more – they also delay examination. Filing a complete, accurate application on day one is both cost-effective and strategically smarter.
Surcharge 2: Free-Form Identification of Goods & Services - $200 per Class
When it applies: If you use the application’s free-text box to describe your goods and/or services instead of selecting pre-approved entries from the USPTO Identification of Goods and Services Manual (the “ID Manual”), a $200 per class surcharge applies.
The USPTO strongly prefers applicants to select from the ID Manual, as pre-approved identifications reduce examination workload and accelerate processing.
When you might need to use free-form text:
- Your goods or services are highly specialized or novel
- No appropriate entry exists in the ID Manual
- You’re filing for an emerging product category
Important: If your custom identification exceeds 1,000 characters (including punctuation and spaces), an additional $200 per class applies for each additional 1,000 characters or portion thereof. This excess character fee does not apply to identification amendments made in response to an Office Action.
Combined Cost Scenarios for a Single-Class Application
For a multi-class application, multiply these amounts by the number of Nice Classes claimed.
Madrid Protocol Applications - Section 66(a): $600 per Class
For international trademark applicants filing through the Madrid Protocol under Section 66(a), the USPTO increased its fee from $500 to $600 per class, effective February 18, 2025.
The USPTO justified this increase by aligning the Madrid fee with the average amount that applicants would pay if filing directly under the base application and surcharge system. Madrid applicants are not subject to the additional surcharges for insufficient information or free-form identification – the higher base fee is meant to offset those potential costs.
Section 2: Intent-to-Use (ITU) Filing Fees
For applicants who have not yet used their mark in commerce but have a bona fide intent to do so, the Intent-to-Use process involves additional filings and fees.
Statement of Use (SOU) / Amendment to Allege Use (AAU): $150 per Class
Both the Statement of Use (SOU) and Amendment to Allege Use (AAU) fees increased from $100 to $150 per class as of January 2025. These fees have not been adjusted since 2002, and the increase reflects higher processing costs and examination time.
Extension of Time to File Statement of Use: $125 per Class per Extension
If your mark is not yet in use when the USPTO issues a Notice of Allowance, you can request extensions of time to file your SOU. Each six-month extension request costs $125 per class, and you can request up to five extensions (for a total of 36 months from the Notice of Allowance date). This fee remains unchanged from the prior schedule.
ITU Cost Planning Example
Section 3: Post-Registration Maintenance Fees
Registering a trademark is not a one-time cost. To keep your registration alive and enforceable, the USPTO requires periodic maintenance filings. All of these fees increased significantly in 2025.
Section 8 Declaration of Continued Use (or Excusable Nonuse): $325 per Class
Due between the 5th and 6th anniversary of registration, and again at every renewal period, the Section 8 Declaration confirms your trademark is still in active use in commerce. This fee increased from $225 to $325 per class – a 44% jump.
- Grace period filing: An additional $100 per class surcharge applies if filed during the 6-month grace period after the deadline.
Section 15 Declaration of Incontestability: $250 per Class
Filed optionally between the 5th and 6th anniversary (concurrent with Section 8), the Section 15 Declaration grants your trademark “incontestable” status – a powerful legal tool. The fee increased from $200 to $250 per class.
An incontestable trademark is much harder to challenge on grounds such as likelihood of confusion or merely descriptive marks. This filing is strongly recommended.
Section 71 Declaration (for Madrid Protocol Registrations): $325 per Class
The equivalent of a Section 8 Declaration for trademarks registered through the Madrid Protocol. This fee also increased from $225 to $325 per class.
Section 9 Registration Renewal: $350 per Class
Required every 10 years from the date of registration (and usually filed together with a Section 8 Declaration), the Section 9 Renewal maintains your trademark registration. This fee increased from $300 to $350 per class.
- Grace period filing: An additional $100 per class surcharge applies.
Combined Section 8 + Section 9 Filing (10-Year Renewal)
| Filing | Fee (per class) |
|---|---|
| Section 8 Declaration | $325 |
| Section 9 Renewal | $350 |
| Combined (on time) | $675 |
| Combined (grace period) | $875 |
Section 4: Trademark Trial and Appeal Board (TTAB) Fees
The Trademark Trial and Appeal Board handles inter partes disputes (oppositions and cancellations) and ex parte appeals from USPTO examining attorney refusals.
Notice of Opposition: $600 per Class (Electronic)
If you believe a published trademark application conflicts with your existing rights, you can file a Notice of Opposition. The electronic filing fee is $600 per class. Paper filing costs $700 per class.
- First 30-day extension request: Free (no fee)
- Subsequent extension requests: Fees apply per request
Petition for Cancellation: $600 per Class (Electronic)
To cancel an existing trademark registration, file a Petition for Cancellation at $600 per class electronically ($700 per class on paper).
A mark registered for more than five years may only be cancelled on specific statutory grounds (e.g., abandonment, genericness, fraud). Filing a cancellation is a significant step – consult an IP professional.
Ex Parte Appeal: $225 per Class (Electronic)
If the USPTO examiner refuses your application and you disagree with the refusal, you can appeal to the TTAB. The initial appeal fee is $225 per class electronically.
| TTAB Fee | Electronic | Paper |
|---|---|---|
| Notice of Opposition | $600/class | $700/class |
| Petition for Cancellation | $600/class | $700/class |
| Ex Parte Appeal | $225/class | $325/class |
| Ex Parte Appeal Brief | $200/class | $300/class |
| 2nd+ Appeal Brief Extension | $100 | $200 |
| Oral Hearing Request | $500/proceeding | N/A |
Section 5: Petition and Administrative Fees
Petition to the Director: $400
The Petition to the Director is used to challenge USPTO examining attorney decisions that aren’t appealable to the TTAB, or to request extraordinary relief. This fee increased significantly from $250 to $400.
Petition to Revive an Abandoned Application: $250
If your application was abandoned due to a failure to respond (e.g., you missed an Office Action deadline), you can file a Petition to Revive if the abandonment was unintentional. The fee increased from $150 to $250.
This is one of the most impactful fee increases in the 2025 schedule. Missing deadlines is already costly – the increased revival fee adds even more urgency to timely responses.
Letter of Protest: $150
Third parties who wish to submit evidence against a pending trademark application can file a Letter of Protest. This fee tripled from $50 to $150.
Section 6: Other Notable USPTO Trademark Fees
| Service | Fee |
|---|---|
| Certified copy of registered mark | $15 per mark |
| Certified copy of trademark application | $15 per application |
| Affidavit of use under Section 12(c) | $200/class |
| Amendment of registration (Section 7) | $100/class |
| Surrender of registration | No fee |
| Petitions for special status (expedited exam) | $500 |
| Refused/charged-back payment processing | $50 (flat, not per class) |
Section 7: How Fees Are Paid to the USPTO
The USPTO requires electronic filing for virtually all trademark submissions. As of February 15, 2020, paper trademark filings are no longer accepted except in extremely limited circumstances (such as a documented systems outage).
Accepted payment methods through USPTO Financial Manager:
- Credit or debit card (Visa, MasterCard, American Express, Discover)
- USPTO deposit account (pre-funded account for frequent filers)
- Electronic funds transfer (EFT/ACH)
Key payment rules to know:
- Fees are almost never refunded – even if your application is refused
- A $50 processing fee applies for refused or charged-back payments (this is flat, not per class)
- Fees are charged at the rate in effect on the date of filing
- Filing before a fee increase takes effect can save significant money
Also, Read: Trademark Docketing Systems: The Complete Guide
Section 8: Total Cost Scenarios - What Will Your Trademark Filing Really Cost?
1. Scenario A: Simple One-Class Application, ID Manual, Filed Correctly
| Item | Cost |
|---|---|
| Base Application | $350 |
| Attorney fees (estimated) | $500–$1,500 |
| Estimated Total | $850–$1,850 |
2. Scenario B: Two-Class ITU Application with One Extension
| Item | Cost |
|---|---|
| Base Application (2 classes) | $700 |
| Extension of Time (2 classes) | $250 |
| Statement of Use (2 classes) | $300 |
| Attorney fees (estimated) | $1,000–$2,500 |
| Estimated Total | $2,250–$3,750 |
3. Scenario C: Three-Class Application Using Free-Form Identification
| Item | Cost |
|---|---|
| Base Application (3 classes) | $1,050 |
| Free-form ID surcharge (3 classes) | $600 |
| Attorney fees (estimated) | $1,500–$3,000 |
| Estimated Total | $3,150–$4,650 |
4. Scenario D: 10-Year Trademark Renewal (1 Class, On Time)
| Item | Cost |
|---|---|
| Section 8 Declaration | $325 |
| Section 9 Renewal | $350 |
| Attorney fees (estimated) | $300–$800 |
| Estimated Total | $975–$1,475 |
Section 9: Strategic Tips to Minimize Your USPTO Trademark Fees
Understanding the USPTO trademark fee schedule is only half the battle. The other half is filing smart. Here are actionable strategies to keep your costs in check:
1. Use the USPTO ID Manual for Goods & Services Descriptions
- Selecting pre-approved identifications avoids the $200/class free-form surcharge
- Pre-approved entries are also less likely to draw Office Action refusals, saving time and money
2. File Complete Applications the First Time
- Avoid the $100/class insufficient information surcharge by ensuring every required field is populated before submission
- Double-check applicant citizenship, entity type, and basis of filing
3. Keep Custom Descriptions Under 1,000 Characters
If free-form text is absolutely necessary, limit descriptions to under 1,000 characters per class to avoid the excess character fee
4. File Before Fee Increases Take Effect
- The USPTO announces fee changes months in advance – monitor their announcements and consider accelerating filings if an increase is imminent
5. Don't Miss Post-Registration Deadlines
- The $100/class grace period surcharge for Sections 8 and 9 is entirely avoidable with good calendar management
- Set reminders at the 4.5-year and 9.5-year marks after registration
6. File Electronically - Always
- Paper filings cost $100 more per class for TTAB proceedings and $100 more per class for many other filings
- There is virtually no scenario in which paper filing is preferable
7. Consider the Section 15 Incontestability Declaration
At only $250/class, achieving incontestable status is one of the best investments in trademark protection – the $250 buys you significantly stronger legal standing in future disputes
8. Combine Section 8 + Section 9 Filings
When filing your 10-year renewal, always combine the Section 8 Declaration with the Section 9 Renewal in a single submission to streamline the process
Section 10: Common Mistakes That Cost Trademark Applicants Extra
Even experienced applicants and businesses can fall into traps that trigger unnecessary fees. Here are the most common costly mistakes:
- Using free-form descriptions when ID Manual alternatives exist – The $200/class surcharge is entirely avoidable with proper research
- Filing incomplete applications – The $100/class surcharge is meant to incentivize complete filings; don’t rush the application
- Missing office action response deadlines – Applications go abandoned, and the Petition to Revive now costs $250
- Ignoring post-registration maintenance windows – A lapsed trademark registration can be extremely difficult and expensive to recover
- Filing oppositions in paper – $700/class vs. $600/class electronically – always file TTAB documents through the TTAB Center
- Underestimating multi-class filing costs – Fees multiply by class; a three-class application with surcharges can easily reach $1,650+ in government fees alone
Section 11: The USPTO's Rationale for the 2025 Fee Increases
The 2025 fee adjustments were not arbitrary. The USPTO justified the changes on several grounds:
Operational Cost Recovery: The USPTO reviews its fee structure every two years to ensure it can recover aggregate costs. The 2025 increases reflect forecasted increases in operating expenses.
Encouraging Complete Applications: By penalizing incomplete filings (the $100 insufficient information fee) and custom descriptions (the $200 free-form surcharge), the USPTO aims to reduce examination time and application pendency.
Fighting Trademark Fraud: Additional revenue supports enhanced fraud detection programs. The USPTO has terminated tens of thousands of fraudulently filed applications in recent years and needs sustained funding to continue these efforts.
IT Infrastructure Investment: Modernizing the USPTO’s trademark systems – including the rollout of the new Trademark Center replacing TEAS – requires significant capital investment.
Cleaning the Trademark Register: Increased maintenance fees encourage trademark owners to renew only marks that are genuinely in active use, keeping the register accurate and less crowded.
Frequently Asked Questions About the USPTO Trademark Fee Schedule
Q: Are USPTO trademark fees refundable?
Generally, no. Filing fees are not refunded even if your application is refused, withdrawn, or abandoned. A very limited set of circumstances may allow for partial refunds (e.g., default judgments in certain TTAB cancellation proceedings involving only nonuse claims).
Q: When did the new 2025 USPTO trademark fees take effect?
The new fees for national trademark applications and most other filings took effect on January 18, 2025. Changes related to Madrid Protocol (Section 66(a)) applications took effect on February 18, 2025.
Q: Can I still file using TEAS Plus?
No. TEAS Plus and TEAS Standard were eliminated on January 18, 2025. All applications are now filed through the USPTO’s new Trademark Center using the unified base application system.
Q: How do I avoid the $200 free-form identification surcharge?
Always use the USPTO’s Identification of Goods and Services Manual to select pre-approved descriptions that match your goods or services. If no appropriate entry exists, you may submit a proposed identification to the USPTO for review (typically a 1–2 business day turnaround) before filing your application.
Q: What happens if I miss my Section 8 or Section 9 filing deadline?
You have a 6-month grace period during which you can still file, but you’ll pay an additional $100 per class surcharge. If you miss the grace period entirely, your trademark registration will be cancelled or not renewed, and you’ll need to re-apply.
Q: Do USPTO fees cover attorney fees?
No. USPTO fees are government filing fees only. Attorney fees for preparing, filing, and prosecuting trademark applications are separate and additional costs.
Q: Can a foreign applicant file a U.S. trademark directly?
Foreign applicants can file directly with the USPTO under Section 44 (based on a foreign application or registration) or through the Madrid Protocol under Section 66(a). Foreign applicants filing through Madrid pay $600/class as the USPTO’s designation fee.
Plan Smart, File Smart
The 2025 updates to the USPTO trademark fee schedule represent the most significant restructuring of trademark costs in years. The shift from a two-tier TEAS system to a single base application with layered surcharges changes the way applicants need to approach their filings – placing a premium on completeness, accuracy, and use of pre-approved identifications.
For businesses and IP professionals, the message is clear: preparation pays. Filing a complete, well-drafted application using the ID Manual can mean the difference between a $350/class filing and a $650/class filing – a 86% cost difference from a few strategic choices at the drafting stage.
At Teak IP Services, we help businesses navigate these complexities with precision and strategy. Whether you’re filing your first trademark or managing a multi-class international portfolio, our team stays current with every update to the USPTO trademark fee schedule so you don’t have to.
