Trademarks 101

USPTO Fee Changes Explained: How to Avoid Surcharges

The 2025 USPTO fee overhaul replaced TEAS Plus/Standard with a $350 base fee plus complexity surcharges. Here's every fee, cost scenario, and 8 strategies to save.

By GleanMark Research Team
February 21, 2026
5 min read

On January 18, 2025, the most significant restructuring of USPTO trademark fees in years took effect. The familiar two-tier system -- TEAS Plus at $250/class and TEAS Standard at $350/class -- was eliminated. In its place: a single $350/class base application fee paired with a new system of complexity surcharges that can push the per-class cost to $650 or higher.

The changes affect every stage of the trademark lifecycle, from initial filing through 10-year renewal. Understanding the new structure is not optional -- it directly determines how much you pay and whether you can avoid the surcharges that now account for the biggest cost variable in trademark filing. If you are also navigating the transition from TEAS to the new Trademark Center platform, see our TEAS Plus vs. Trademark Center filing comparison.

This guide breaks down every fee change, explains how the surcharge system works, and provides concrete strategies to file at the lowest possible cost.

The New Fee Structure at a Glance

The January 2025 fee schedule touches application fees, intent-to-use fees, post-registration maintenance fees, and administrative fees. Here is the complete picture.

Application Fees

Fee CategoryPrevious FeeCurrent Fee (Jan 18, 2025)Change
TEAS Plus Application$250/classEliminated--
TEAS Standard Application$350/classEliminated--
Base Application (Sections 1 and 44)N/A$350/classSingle tier replaces both
Insufficient Information SurchargeN/A$100/classNew
Free-Form Text Box SurchargeN/A$200/classNew
Excess Characters Surcharge (per 1,000 beyond first 1,000)N/A$200/classNew
WIPO Application (Section 66(a))$500/class$600/class+$100 (eff. Feb 18, 2025)

Intent-to-Use and Statement of Use Fees

Fee CategoryPrevious FeeCurrent FeeChange
Amendment to Allege Use$100/class$150/class+$50
Statement of Use$100/class$150/class+$50

Post-Registration Maintenance Fees

Fee CategoryPrevious FeeCurrent FeeChange
Section 8 Declaration (Continued Use)$225/class$325/class+$100
Section 9 Registration Renewal$300/class$325/class+$25
Section 15 Declaration (Incontestability)$200/class$250/class+$50
Section 71 Declaration (Madrid)$225/class$325/class+$100
WIPO Renewal Fee$300/class$325/class+$25

Administrative and Procedural Fees

Fee CategoryPrevious FeeCurrent FeeChange
Letter of Protest$50$150+$100 (3x increase)
Petition to the Director$250$400+$150
Petition to Revive Application$150$250+$100

The Federal Register citation for the full rulemaking: Setting and Adjusting Trademark Fees During Fiscal Year 2025, 89 Fed. Reg. 91,304 (Nov. 18, 2024).

Understanding Complexity Surcharges

The surcharge system is the most important conceptual change in the new fee structure. Under the old system, you chose your price tier upfront (TEAS Plus or TEAS Standard). Under the new system, your filing behavior determines your final cost.

The USPTO designed surcharges to accomplish two goals: incentivize higher-quality applications and recover the additional costs that complex applications impose on examiners. As Amy Cotton, Deputy Commissioner for Trademark Examination Policy, explained at the October 2025 USPTO Hour webinar: "When you are filing an application and you are creating complexity in the application because you're not providing all the information that's required, you're using a freeform text box to create your own ID, or you have way too many characters...that creates complexity for our examiners."

Surcharge 1: Insufficient Information ($100/class)

This surcharge applies when you fail to provide all required information at the time of filing. The required fields include:

  • Applicant's legal name and address
  • Entity type and citizenship/state of organization
  • Translation and transliteration of foreign words in the mark
  • Description of the mark (for design marks)
  • Verified statement / declaration
  • All other fields the application form requires

This is the most avoidable surcharge. It is triggered by incomplete data entry, not by strategic filing decisions. A thorough pre-filing checklist eliminates it entirely.

Surcharge 2: Free-Form Text Box ($200/class)

This surcharge applies when you write your own goods/services description instead of selecting pre-approved entries from the USPTO Identification Manual (ID Manual). The ID Manual contains thousands of accepted descriptions organized by Nice Classification. If your goods or services match a Manual entry, using it avoids the surcharge. For a detailed walkthrough of how to search and select from the ID Manual, see our USPTO ID Manual Goods and Services Selection Guide.

This surcharge replaces the old $100 price gap between TEAS Plus ($250) and TEAS Standard ($350). The incentive is twice as strong: $200/class versus the former $100 difference.

Surcharge 3: Excess Characters ($200/class per 1,000 characters)

If you do use the free-form text box, an additional surcharge kicks in when your description exceeds 1,000 characters per class. Each additional 1,000-character block adds another $200/class. This surcharge addresses a trend the USPTO has been tracking for 15 years: steadily longer goods/services identifications that add examination complexity without adding clarity.

At the October 2025 webinar, Cotton noted: "We've been watching the length of identifications increase for probably now 15 years and getting longer and longer. And it's not just Madrid, it's everybody."

One important exception: Madrid Protocol (Section 66(a)) applications are not subject to any of the three surcharges because WIPO's systems currently cannot collect them. However, the base fee for Madrid applications increased from $500 to $600 per class effective February 18, 2025.

How to File at the Base Rate

Filing at the $350/class base rate requires meeting three conditions:

  1. Select goods/services descriptions from the ID Manual (avoids the $200 free-form surcharge)
  2. Provide all required information at filing (avoids the $100 insufficient information surcharge)
  3. Keep any free-form text under 1,000 characters (avoids the excess characters surcharge -- though this is moot if you use the ID Manual)

The results speak for themselves. Before January 18, 2025, only 60-65% of applications qualified for the TEAS Plus rate. After the transition, 83% of applications are being filed at the base rate with no surcharges. That 20-percentage-point jump means the new system is effectively nudging applicants toward better filing practices.

Cotton shared the data at the October 2025 webinar: "The rate of complete applications, that's the base application...we're up at 83% for the base only. So right there we've seen a 20%-ish jump in complete applications coming in the door."

The USPTO has also confirmed that the fee change has resulted in higher first-action approval rates -- meaning applications are arriving in better shape and are more likely to be approved on the examiner's first review.

Old Fees vs. New Fees: Side-by-Side Comparison

To understand the real impact, compare what common filing scenarios cost before and after January 18, 2025.

Single-Class Application

ScenarioOld CostNew CostDifference
Complete application, ID Manual descriptions$250 (TEAS Plus)$350 (Base)+$100
Complete application, free-form descriptions$350 (TEAS Standard)$550 (Base + free-form)+$200
Incomplete application, ID Manual descriptions$250-350$450 (Base + insufficient info)+$100-200
Incomplete application, free-form descriptions$350$650 (Base + both surcharges)+$300
Incomplete, free-form, over 2,000 chars$350$850++$500+

Three-Class Application

ScenarioOld CostNew CostDifference
Complete, ID Manual$750 (TEAS Plus)$1,050+$300
Complete, free-form$1,050 (TEAS Standard)$1,650+$600
Incomplete, free-form$1,050$1,950+$900

The pattern is clear: applicants who filed complete applications with ID Manual descriptions under TEAS Plus are paying $100 more per class. Applicants who relied on free-form descriptions or filed incomplete applications face substantially higher costs. The surcharge system magnifies the cost of incomplete or complex filings compared to the old flat-tier approach.

Cost Scenarios: What You Will Actually Pay

Let's walk through realistic filing scenarios from start to finish.

Scenario 1: Single-Class, Use-Based Application (Best Case)

You are already using your mark in commerce and can describe your goods using the ID Manual.

StageCost
Base application (1 class)$350
Total to file$350

After registration, your maintenance costs over 10 years will be:

MilestoneCost
Section 8 Declaration (years 5-6)$325
Section 9 Renewal (year 10)$325
Section 8 Declaration (year 10, combined with renewal)$325
Total maintenance (10 years)$975
Grand total: filing through 10-year renewal$1,325

Scenario 2: Single-Class, Intent-to-Use Application

You have not yet used your mark in commerce and are filing based on intent to use.

StageCost
Base application (1 class)$350
Statement of Use$150
Total to register$500
10-year total (filing + maintenance)$1,475

Scenario 3: Three-Class, Use-Based Application with Free-Form Descriptions

You sell products across three Nice classes and the ID Manual does not cover your specific goods.

StageCost
Base application (3 classes)$1,050
Free-form surcharge (3 classes x $200)$600
Total to file$1,650
10-year total (filing + maintenance at $975/class x 3)$4,575

Scenario 4: The Most Expensive Path

Incomplete application, free-form descriptions over 2,000 characters, three classes.

StageCost
Base application (3 classes)$1,050
Free-form surcharge (3 x $200)$600
Excess characters surcharge (3 x $200)$600
Insufficient information surcharge (3 x $100)$300
Total to file$2,550

That is $1,500 more than the base filing cost for three classes -- entirely avoidable surcharges.

10-Year Total Cost of Trademark Ownership

Trademark registration is not a one-time expense. The USPTO requires periodic filings to maintain and renew your registration. Here is what the full lifecycle costs for a single class under the new fee schedule.

StageWhenCost (per class)
Initial Application (Base)Filing$350
Statement of Use (if ITU)Before registration$150
Section 8 DeclarationYears 5-6$325
Section 15 Declaration (optional)Years 5-6$250
Section 8 Declaration + Section 9 RenewalYear 10$650
10-year minimum (use-based, no Section 15)$1,325
10-year minimum (ITU, no Section 15)$1,475
10-year with incontestability$1,575-1,725

Missing a maintenance deadline does not just cost fees -- it can result in cancellation of your registration. The Petition to Revive an abandoned application increased from $150 to $250, and the Petition to the Director jumped from $250 to $400. Prevention is far cheaper than cure. For the full schedule of maintenance windows and grace periods, see our guide on Section 8 and 9 Trademark Maintenance and Renewal Deadlines.

A trademark monitoring platform like GleanMark can track your maintenance deadlines alongside competitive monitoring, ensuring you never miss a filing window.

TMIDSuggest: Your Path to Lower Costs

The single biggest cost-saving lever is using the ID Manual. But what happens when the Manual does not include a description that fits your goods or services?

The USPTO created the TMIDSuggest program specifically for this situation. Email TMIDSuggest@uspto.gov with your proposed goods/services description, and a team of nine senior policy attorneys at the USPTO will review it. Since January 2025, approximately 1,800 proposals have been submitted, and about 600 have been accepted or modified and accepted.

Cotton described the review process at the October 2025 webinar: "We have a group of nine attorneys at the highest level at the USPTO who are reviewing your suggestions coming in to TMIDSuggest for the things that you want added to the ID Manual."

Common reasons proposals are rejected:

  • Overbroad: The description covers too wide a range of goods or services
  • Indefinite: The description is too vague for classification purposes
  • Already covered: An existing Manual entry addresses the same goods or services
  • Covered by fillable entry: A Manual template already exists that can be customized

If your proposal needs refinement, the review team works with you to adjust the language. This collaborative process is expanding the Manual in real time to cover emerging products and services.

The practical takeaway: if you anticipate needing free-form descriptions, submit your proposals to TMIDSuggest well before your filing deadline. If accepted, you save $200 per class.

Money-Saving Strategies

1. Search the ID Manual Exhaustively Before Filing

The ID Manual contains thousands of pre-approved descriptions. Search by keyword, browse by Nice Classification, and check related categories. Many applicants assume their goods are not covered when a suitable entry exists. The difference between a 30-second search and a thorough review is $200 per class.

2. Use TMIDSuggest for Emerging Products and Services

If the Manual genuinely does not cover your goods, submit a proposal to TMIDSuggest@uspto.gov before filing. Allow lead time -- the review process is not instant. If your proposal is accepted, you avoid the free-form surcharge on your application.

3. Complete Every Required Field

The $100/class insufficient information surcharge is entirely avoidable. Build a pre-filing checklist that covers: legal entity name and address, entity type, citizenship or state of organization, translations of foreign terms, mark description (for non-standard-character marks), and the verified statement. Do not leave fields blank hoping to fill them in later.

4. Keep Free-Form Descriptions Under 1,000 Characters

If you must use the free-form text box, concise descriptions are cheaper descriptions. Each 1,000 characters beyond the first 1,000 adds $200/class. Edit aggressively. Remove redundant language. Combine related items where the classification rules allow.

5. File Fewer Classes Strategically

Each additional class multiplies every fee and every surcharge. If your mark covers goods or services in five Nice classes but you are only currently using it in two, consider filing for the two active classes first. You can always add classes with new applications later.

6. File Use-Based When Possible

Intent-to-use (Section 1(b)) applications add $150/class for the Statement of Use. If you are already using the mark in commerce, filing under Section 1(a) avoids this cost entirely. For a three-class application, that is $450 in savings.

7. Do Not Miss Maintenance Deadlines

Under the new fee schedule, the Petition to Revive jumped from $150 to $250, and Petitions to the Director went from $250 to $400. Missing a Section 8 filing deadline can result in cancellation -- and re-filing from scratch costs far more than timely maintenance. Set calendar reminders or use a monitoring service to track deadlines.

8. Consider Section 15 (Incontestability) Strategically

At $250, the Section 15 Declaration of Incontestability is the most cost-effective legal strengthening you can add to your registration. After five years of continuous use, filing Section 15 limits the grounds on which competitors can challenge your mark. The legal protection is worth multiples of the filing cost.

Why the Fees Changed

The fee restructuring was not arbitrary. Two factors drove it.

First, maintenance filings are declining. The 2021 filing surge produced a wave of registrations that are not being maintained at historical rates. Those abandoned registrations reduce the USPTO's maintenance fee revenue.

Cotton explained the revenue pressure: "Maintenance filings are going down...Those registrations are not being maintained at the levels that we used to see. So therefore we needed to address cost recovery upfront."

Second, the USPTO wanted to improve application quality at the point of filing. The old TEAS Standard option allowed applicants to pay $100 more and skip the completeness requirements. The new surcharge system makes that shortcut significantly more expensive, steering applicants toward more complete, more examinable applications. The result -- 83% base applications versus 60-65% TEAS Plus -- validates the approach.

One concern the USPTO tracked was whether the surcharges would push applicants toward the Madrid Protocol system (Section 66(a) applications) to avoid domestic filing complexity. The data shows this has not happened -- there has been no significant increase in Madrid filings.

Conclusion

The 2025 fee changes reward preparation and penalize shortcuts. Applicants who take the time to search the ID Manual, complete every required field, and keep descriptions concise will pay $350 per class -- only $100 more than the old TEAS Plus rate. Applicants who file incomplete applications with long free-form descriptions will pay $650 or more per class.

The surcharge system is not designed to generate revenue from penalties. It is designed to produce better applications. And by the USPTO's own data, it is working: 83% of applications are now filed at the base rate, up from 60-65% under the old system. First-action approval rates are up. Average identification length is down. Examiners are reviewing cleaner, more complete filings.

The practical advice is straightforward: invest time upfront in preparing a thorough, complete application using the ID Manual, and you will save money at every step of the trademark lifecycle. The total cost of trademark ownership over 10 years starts at $1,325 per class for a use-based application -- a modest investment for the nationwide brand protection a federal registration provides.

For help tracking your trademark deadlines, monitoring competitor filings, and staying on top of USPTO changes, visit GleanMark.

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