HOW TO MINIMIZE FILING FEES FOR NEW TRADEMARK APPLICATIONS UNDER NEW USPTO FEE SCHEDULE

The new U.S. Patent and Trademark Office trademark fee schedule eliminates the TEAS Plus discount for new trademark applications. The USPTO instead set a fee of $350 per class of goods and services for filing any new "Base Application" including all required components. Further, the USPTO imposes a new $100 insufficiency fee for failure to include any of the required components of the "Base Application."

Make sure to file a complete Base Application in order to minimize new trademark application filing fees and avoid unnecessary government fees and expense, and the time and effort required to file follow-on responses to a notice of insufficiency. Consider the following list to ensure your Base Application is complete:

• For applicants domiciled outside of the United States: a designated U.S. attorney, including the attorney’s name, postal address, email address, and bar information

• Applicant name and domicile address

• Applicant legal entity

• Applicant citizenship or the state/country of juristic applicant organization

• Names and citizenship of general partners of partnership or joint venture

• State of organization of sole proprietorship and the name and citizenship of the sole proprietor

• A statement of filing basis (1(a), 1(b), 44(d), and/or 44(e))

• Proper classification and dates of use for use-based multi-class applications

• Filing fee for each class of goods and services

• Verified statement, dated and signed by an authorized representative of applicant

• Typed drawing of mark for standard word marks

• Digitized image and a description of the mark for design or stylized marks

• Digitized color image application claiming color along with statement identifying and describing placement of color and a claim that color is a feature

• English translation of the wording for any non-English wording

• Transliteration of any non-Latin characters

• If the mark includes an individual’s name or likeness, one of a (1) a statement of consent or (2) a statement that the name or likeness does not identify a living individual

• A claim of ownership of any other registrations for the same mark with a different prior owner name

• Compliance with Trademark Rule 2.42 for concurrent use applications

• Correct identification and selection of goods and services from the USPTO’s Identification of Goods and Services Manual