The United States Patent and Trademark Office (“USPTO”) has recently highlighted or introduced certain additional fees tied to the accuracy and format of goods and services descriptions in trademark applications, and the failure to provide other specific information. These fees underscore the importance of providing complete and precise information during the application process. By carefully aligning descriptions with the Trademark Manual of Acceptable Identification of Goods and Services (the “ID Manual”), applicants can often avoid these surcharges.
When applicants use free-form (custom) descriptions—particularly if they exceed character limits or substantially diverge from the ID Manual—the USPTO may impose additional fees. Providing your legal team with a clear, detailed list of all goods and services early in the process can help mitigate or eliminate these costs. Below is a summary of the new or increased fees that you should be aware of:
Failure to plan properly could lead to unwanted delays, multiple office actions, and increased overall filing costs. Our trademark team recommends gathering all pertinent information about your products and services in advance to ensure we can accurately identify and categorize them according to the ID Manual. Doing so helps avoid unnecessary complications and protects your valuable brand assets in the most cost-effective manner. In addition to the extra costs incurred for failing to accurately identify and categorize goods and services, the USPTO can also assess additional fees for not providing certain required information upfront, such as a written consent of a living individual whose name, image or likeness is included a part of a trademark.
If you have any questions about these fee changes or wish to review your current or planned applications for compliance, please reach out to Joe Falcon, Scott Landis or any member of Barley Snyder’s Intellectual Property Practice Group. Our team is here to guide you through the process and help you stay ahead of the evolving USPTO requirements.
