The U.S. Patent and Trademark Office (USPTO) is introducing significant updates to its trademark registration processes, along with a revised fee structure for trademarks and patents. These changes, which take effect on January 18 for trademarks and January 19 for patents, will have far-reaching implications for small businesses navigating intellectual property (IP) protection.
With fees increasing and new procedural hurdles, understanding these changes is crucial for small business owners looking to safeguard their brands and ideas. Here’s what you need to know:
Key Updates to Trademark Applications
1. You will pay more to keep your registrations alive.
6th year maintenance and decennial renewal fees for trademarks are seeing substantial hikes. For small businesses managing their budgets carefully, this is a critical moment to assess and prioritize renewals before the changes take effect. Early action could result in significant cost savings. To check whether your registrations may be maintained or renewed before January 18, 2025, visit tmsearch.uspto.gov and enter the following search phrase replacing the registrant with your name: (RD:[2017-07-18 TO 2019-01-17] OR RD:[2014-07-18 TO 2016-01-17]) AND ON:(REGISTRANT) AND LR:true. If you have registrations over 10 years old, you will need to add additional registration date ranges between /004 and 2006, 1994 and 1996, 1984 and 1986, etc.
2. Simplified Filing Options—at a Cost
Currently, applicants essentially choose between two different trademark application forms with differing fees – a $350 per class option which allows for a lot of freedom and flexibility and a $250 per class option with more rigid requirements. Under the new system, applicants will have only a single form at the higher price, but with the more rigid requirements of the previously lower priced option. Applicants will need to select pre-approved descriptions of goods and services and anticipate numerous formal requirements to avoid incurring substantial additional charges. They will pay $200 extra for the privilege of writing their own descriptions of up to 1,000 characters and $200 more for each additional 1,000 characters.
3. New Deficiency and Increased Revival Fees
Mistakes can be costly. Applicants who fail to anticipate and address at least one of a handful of requirements will incur a $100 fee. And those who miss a deadline and accidentally allow their application to go abandoned will now pay significantly more to revive their application. For small business owners handling applications themselves, this underscores the importance of accuracy, thorough preparation, and careful tracking of deadlines to avoid unnecessary expenses.
4. New Platform offers more guidance and support sometimes, but may add confusion at others
The USPTO is launching a new platform called “Trademark Center”, currently in beta. This comprehensive system aims to streamline the registration process, and addresses issues that previously plagued applicants. For example, while the current TEAS system would frequently time out in the course of stepping through the preparation of an application, Trademark Center auto-saves applications in process. While the new platform is promising, users should anticipate a learning curve as they adapt to the updated interface and functionalities. I was pleased to provide constructive feedback on the platform in a 1:1 session with a USPTO representative.
What This Means for Small Businesses
These changes signal a notable shift in the effort and cost required to secure and maintain trademark protections. For small businesses relying on DIY filings, the risk of errors—and the associated penalties—has never been higher. Partnering with an experienced attorney can help avoid costly mistakes and ensure that applications are filed correctly.
Practical Steps for Small Business Owners
Navigating this evolving landscape requires informed strategies and a proactive approach. Here are a few recommendations:
- Review Your Trademark Portfolio: If your trademarks are due for 6th year maintenance or decennial renewal, consider acting early to lock in current rates.
- Prepare for Procedural Changes: Familiarize yourself with the new “Trademark Center” platform and updated filing requirements to minimize disruptions.
- Seek Professional Guidance: With higher risks of errors and corresponding added costs, consulting an experienced intellectual property attorney can provide peace of mind and cost-effective solutions.
As small businesses prepare for these developments, staying informed and planning ahead can help avoid pitfalls, reduce expenses, and protect valuable intellectual property assets.
Matthew D. Asbell, a partner at Lippes Mathias LLP, has decades of experience advising clients globally on trademark and patent matters. As an intellectual property attorney, he’s uniquely positioned to help small businesses navigate this pivotal moment in IP law.
