Dear Client, this is an excellent post on LinkedIn, from Robert Reading who is Clarivate’s IP Group Senior Director, Brand Strategy and Special Projects.
See Robert @ https://www.linkedin.com/in/
All credit goes to Robert for this article.
Did the USPTO increase in trademark application fees on 18th January 2025 have an impact on filing volume activity?
Yes
On an average weekday the USPTO receives around 2,000 new trademark applications. The majority (around 60%) are filed by domestic US based brand owners. Applicants from Mainland China account for around 30%, and the rest of the world 10%.
On the 18th January 2025 the application fee for a US trademark in one class (filed online) increased from $250 to $350. The increase had been flagged months in advance, and was the first increase since January 2021 when a more modest increase from $225 to $250 was implemented.
Unlike December 2020 there wasn’t a sustained stampede, but the weeks and days leading up to the 18th January 2025 saw a steadily growing influx of trademark applications at the USPTO.
How the Filing Volume was Affected
The 17th January 2025 was the second busiest day in history for the USPTO in terms of trademark filing volume activity with 7,564 national applications filed (the busiest day in history remains 31 December 2020 which saw 7,649 applications filed to avoid the previous price increase).
Applications from US applicants doubled in the week leading to 17th January; applications from China doubled two weeks before the deadline and tripled in the final week of the old fee structure. 2,818 applications were filed from China on 17th January alone.
What Will This Filing Volume Change Mean in the Future
It’s too early to tell what the new normal level of filing volume will be, but on 18th January only 213 applications were filed – and ZERO for an applicant from China.
On the first weekday (Monday 20th Jan) following the increase just 565 applications were filed by all applicants, with 966 filed on Tuesday 21st – around half the previous typical volume. The start of the week has been unusual – in addition to the significant fee increase the 20th was a holiday in the US (Martin Luther King’s birthday) as well as a change of government.
With the new administration focusing on significant and sometimes unpredictable change beyond simple official fees, it’s too early to tell how brand owners and their investment confidence levels will respond.
CHRIS DeMASSA COMMENT
LinkedIn – https://www.linkedin.com/in/
Commentary on Filing Volume in PTO from China
Robert, interesting article. Yes, because of all the fraud from China filing volume nonsensically named goods, with random names, like QTPFX or TDKG, and obviously contrived specimens with “names” peeling off, so the PTO moved a few years ago to require a USA based attorney for all foreign based entities. Before the change I had seen many nights (here) would have a flood of consecutive serial # assigned trademarks all from China. Like 50-60 filed within :15. Then another wave an hour later. This was a time we mined attorneys to be a comprehensive clearance legal research outsource as we specialize. Needless to say THAT is another story about the fraud of attorneys who do not practice their ethics and responsibility to their clients by FULLY researching to clear, each mark before filing. Can you go further to say how often the China owned marks are flipped after registration? Also how many file Section 8’s in 5 years. Section 15’s? In any case the PTO refuses 48.6% (if I recall correctly in 2022) of its applicants because of sloppy / bad application filings by dabbler attorneys. Most of these were LOC Likelihood-of-Confusion preventable refusals. It is an assault on small businesses who suffer these refusals. Capitalism is chilled.
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Finding Your Frequency Interview
Finding Your Frequency is a podcast that connects listeners with top creators, influencers, and entrepreneurs, exploring their stories and insights. Hosted by Chris Budihas and Jaclyn Baker, the show aims to inspire and inform audiences about the ever-evolving landscape of business and creativity. Please see Chris DeMassa interview: https://conta.cc/40keZuA/.
Thank you,
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650-948-0530
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