AIPLA Comments to USPTO on Trademark Fee Proposal

Arlington, VA. May 28, 2024 - The American Intellectual Property Law Association (AIPLA) submitted comments to the USPTO in response to the Notice of Proposed Rulemaking on the Setting and Adjusting Trademark Fees During Fiscal Year 2025. 

The comments note that the fee proposal includes numerous fee increases, some of which seem appropriate, while others may not reflect USPTO costs or improve service quality. The comments support fees that help USPTO recover 100% of its costs but has requested detailed justifications and further clarification for each increase and newly proposed fee to enhance public understanding of the USPTO’s rationale, goals, and proposed execution. Frequent significant fee hikes, especially for filings that recently increased, are worrisome. Furthermore, the comments support efforts to improve Register accuracy by removing inactive registrations, but express concern that higher fees might exclude some applicants and push them to file without legal aid, leading to errors and further inaccuracies. Significant proposed fee increases, and new fees could deter brand owners from seeking or maintaining trademark protections due to budget constraints. Ultimately, the comments note that the magnitude of the proposed increase in several of the existing fees, and the imposition of new fees, is significant.

Please download the comments posted to the right of this page to view in full.