I have to pay how much?! USPTO extra fees for non-ID Manual terms apply per class
After last week’s post on the USPTO’s updated trademark application fees, we’ve had a few questions about the penalty fees payable for not using pre-approved ID Manual goods and services terms. In particular, Sortify.tm Attorney customers want to know:
If I use free-form text to include a non-approved term in just one class, will I be charged the free-form text penalty fee for each class in the application?
Unfortunately, the answer is yes. The USPTO charges a $200 fee per class for any free-form text, even if other classes in the same application are ID Manual compliant. As the USPTO itself puts it:
“Once a free-form text ID entry is entered, the fee will be assessed for every class in the application even if the applicant elects to use the ID Manual within the electronic form for any other identification entries in the application.”
For example, if your client has a five-class application that includes just one non-approved (free-form text) term in one class, the extra fees will be $1,000 ($200 x 5 classes).
What can I do to avoid additional fees?
Consider filing separate applications
In some circumstances, it may make sense to file separate applications - one for ID Manual-only descriptions, and another for descriptions which include free-form text. Here is the current USPTO recommendation:
“to avoid the free-form text ID fee for any classes in which only entries from the ID Manual within the electronic form are used, the applicant may file a separate application for those entries.”
Use Sortify.tm’s USPTO Fees Optimizer
Soon, you’ll be able to use Sortify.tm's USPTO Cost Calculator to:
quickly calculate official fees based on the latest ID Manual terms, and
optimize your descriptions to avoid penalty fees. A quick change to the description could save your client that extra $1,000!
This timesaving tool will be launching next week, in time for the INTA Annual Meeting, which Claire and Alan will be attending. Feel free to get in touch if you’d like to see the tool in action in San Diego.
Here’s a sneak peek...
