Turn and Face the Strange Ch-ch-changes: Our Experts Weigh in on Key Changes to the USPTO.

“You cannot step into the same river twice.”

This quote, often attributed to the Greek philosopher Heraclitus, reminds us that our world is ever changing and evolving.

And so, it seems, is the USPTO.

Effective January 18, 2025, the USPTO introduced significant changes. This includes new fees, surcharges, and a redesigned application process.

In a recent webinar, we at Haloo set out to break down and make sense of these changes. We were joined by Jackie Stelling, Founder of JMS Legal and Brand Action, and Larry Robins, Partner at FisherBroyles.

Throughout the webinar, our esteemed thought leaders provided practical tips, actionable strategies, and expert insights to help practitioners adapt to the changes.

Our excellent moderator, Maran Stern-Kubista—Haloo’s VP of Sales—focussed the discussion on the following topics:

• What are the 2025 USPTO changes?

• What is the rationale behind the changes?

• Do the changes represent challenges or opportunities for practitioners? 

Read on for a recap of our experts’ thoughts about these topics and more.

What are the USPTO Changes?

The conversation kicked off with Jackie’s summary of the USPTO changes. She explained that as of January 18, 2025, TEAS-PLUS was officially retired, and a new trademark application system was introduced in its place.

In the new system, there is one base application with a starting fee of $350. In addition, three new types of surcharges have been implemented.

What are the New Surcharges?

Insufficient Information Surcharge

Insufficient information triggers a surcharge of $100 per class. A five-class application would thus trigger a $500 surcharge for insufficient information.

Free-form Entry Description of Goods and Services Surcharge

If you opt for a free-form entry description of goods and services, a surcharge of $200—multiplied by the number of classes in the application—will apply.

Large Character Goods and Service Surcharge

If your description of goods or services exceeds 1,000 characters, there will be a surcharge of $200 per class. The fee applies to each additional block of 1,000 characters.

When Are the Surcharges Implemented?

Jackie went on to address the timing of the implementation of the surcharges. Implementation will take place at the time the application is filed. Even if in your office action response, you were planning to add or delete classes, you would still be responsible for the surcharges incurred at the time the application was filed.

What is the Rationale Behind the USPTO Changes?

Asked to comment on the reasoning behind the changes, Larry opined that the USPTO’s intention is to balance the costs of administering the trademark registration system with its revenues; they are hoping to break even so as to avoid losing user and taxpayer dollars.

The principal goal, however, is to promote efficiency by facilitating the effective administration of the system.

What Sorts of Opportunities and Challenges Lay Ahead?

Both Jackie and Larry perceive this moment as one of opportunity and challenge. A faster review of applications will be to everyone’s benefit. However, for practitioners, learning and adapting to the new system won’t be painless. They will have to adjust their approach to the application preparation process and rethink how to advise clients.

How Will these Changes Impact Flat Fee Billing?

The new system will have cost consequences for clients and practitioners alike.

Larry believes that the changes will create significantly more work for practitioners. Now, for every class, they will have to find specifications that comply with the lesser fee. This entails searching through the ID Manual, selecting options, sending them to the client, waiting for feedback, etc. All this adds time to the process and is bound to strain the flat fee model.

To manage this challenge, Jackie has pre-emptively sent her foreign associates an intake form that identifies that all the elements of a complete application—which they can request from clients in advance—to avoid the insufficient information surcharge.

Additionally, if a client has a very long list of goods and services, Jackie suggests deciding at the outset to use the free-form option, because using the ID Manual would be onerous and time-consuming.

Practice Tip #1: Prioritize communication with your clients—especially at the outset of the application—to determine the most effective strategy.

Will the Changes Affect Some Clients More than Others?

Larry thinks that the changes will affect smaller, cost-conscious clients more than large corporate clients.

The changes will also have a disproportionate impact on clients that are on the cutting edge of technology, where the ID Manual’s descriptions may lag behind them. For these clients, Larry advocates using the free-form model, which will automatically add $200 to the application.

Larry maintains that the overriding consideration for practitioners should be obtaining the best possible protection for their clients. Most will have no issue paying the $200 surcharge to ensure that protection.

Practice Tip #2: Your overriding consideration should be to provide the best possible protection for your clients.

Jackie explained that for single-class applications, using the ID Manual would be more cost-effective because it would avoid the surcharge. But for multi-class applications, with fees set at $200 per class, it’s unclear whether it makes sense to pay the surcharge. 

The key, she said, is to lay all this out to your clients upfront, thereby allowing them to make informed decisions about how to proceed in light of the new fees. This way, they won’t be surprised by unexpected bills and charges.

Practice Tip #3: Be transparent with your clients and explain all possible fees upfront.

How can Practitioners Promote their Services to Self-Filers?

Maran then asked about the large group of people who prefer to self-file applications. Given that the complexities and costs of the process have increased, does this create an opportunity for practitioners? 

In response, Jackie notes that everything—including all potential surcharges—is clearly laid out in the application process. It is not overly onerous. The difficulty is in navigating the ID Manual.

Practitioners can bring value to these potential clients by helping them develop a registration strategy, make cost-effective choices (e.g., whether to use extra characters and incur the associated surcharge), and obtain the greatest scope of protection.

Practice Tip #4: When promoting your services, highlight how you can help clients develop an effective registration strategy. 

Final Takeaways

As the webinar drew to a close, our speakers were asked to share their final takeaways.

Jackie responded with some words of encouragement, advising practitioners to stay positive as they adapt to the changes.

Larry reiterated that practitioners should remain focused on preparing for our clients the best possible applications with the greatest level of protection.

Haloo is grateful to our expert speakers for so generously sharing their valuable time and insights. We thank them for clearly explaining the 2025 USPTO changes and addressing some of the most pressing questions surrounding its implementation.

 As Heraclitus speculated some 2,500 years ago, change is inevitable. And while we cannot step into the same river twice, with the proper guidance and preparation, we can navigate whatever waters lie ahead.