By: Kristen Duffeler

 

Effective as of January 18, 2025, the U.S. Patent and Trademark Office (“USPTO”) has overhauled its trademark application process.  These changes have eliminated the “TEAS Plus” and “TEAS Standard” options for initial applications in favor of a new and consolidated “Base Application” with a single fee structure. While this change simplifies the filing process, it also brings about shifts in costs and procedures that applicants must understand to navigate the evolving landscape effectively.

The End of TEAS Plus and TEAS Standard

Previously, applicants had the choice between:

• TEAS Plus: With a filing fee of $250 per class, this option required adherence to specific filing requirements, such as carefully describing goods and services in compliance with the permitted language of the USPTO’s Trademark ID Manual and committing to electronic correspondence.
• TEAS Standard: Priced at $350 per class, this allowed more flexibility, including the use of a free-form text box for goods/services descriptions.

Under the new system, both options have been replaced with a unified Base Application, with fees set at $350 per class.

New Surcharges and Fees

In addition, the USPTO has introduced additional fees, including:

• $100 per class: For applications lacking sufficient information, such as missing descriptions from the Trademark ID Manual, incomplete entity information, or inadequate specimen URLs.
• $200 per class: For using a free-form text box instead of pre-approved descriptions from the Trademark ID Manual.  This is a hidden fee increase – while using pre-approved descriptions used to reduce the fee from $350 to $250 per class, it is now a total of $550 to use free-form descriptions or $350 to use those from the Trademark ID Manual.

Strategic Considerations for Applicants

These added surcharges amplify the need to make sure that you get your application filled out correctly the first time, or face additional costs.  Applicants should consider the following strategies:

• Utilize the Trademark ID Manual: To avoid additional fees, select goods/services descriptions from the USPTO’s Trademark ID Manual whenever possible.
• Prepare Complete Applications: Ensure all required information is included to prevent surcharges for insufficient information.
• Stay Informed: Regularly check the USPTO’s website for updates on filing procedures and fee structures to remain compliant and informed.

Summary

The USPTO’s restructuring of its trademark application process marks a shift in how applicants approach filing. While the elimination of TEAS Plus and Standard simplifies the process, it also necessitates a more diligent and informed approach to avoid additional fees and ensure timely processing. By understanding these changes and adapting filing strategies accordingly, applicants can navigate the new landscape effectively and maintain robust trademark protection.