0651-0009 2024 TM Fee Rule CWS final

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Applications for Trademark Registration

OMB Control Number 0651-0009

Background

This collection of information is required by the Trademark Act, 15 U.S.C. § 1051 et seq., which provides for the registration of trademarks, service marks, collective trademarks and collective service marks, collective membership marks, and certification marks. Individuals and businesses that use or intend to use such marks in commerce may file an application to register their marks with the United States Patent and Trademark Office (USPTO). Such individuals and businesses may also submit various communications to the USPTO, including providing additional information needed to process a request to delete a particular filing basis from an application or to divide an application identifying multiple goods and/or services into two or more separate applications.

In support of RIN 0651-AD65 (Setting and Adjusting Trademark Fees During Fiscal Year 2025), USPTO is changing the fees in this information collection and is adding seven fees that were not previously included in the information collection.

Table 1: Changes in Fee Amount

Item No.	Fee Code	Item	Current Fee (a)	New Fee (b)	Changes in Fee Amount (b) – (a) = (c)
1-3	6001	Application (Base application, paper), per class	$750	$850	+$100
1-3	7007	Application (TEAS Plus), per class	$250	Discontinued	-$250
1-3	7009	Application (TEAS Standard), per class	$350	Discontinued	-$350
1-3	70BA	Application (Base application, electronic), per class	Not previously included in 0651-0009 – new fee	$350	+$350
1-3	60IN	Fee for insufficient information (§§1 and 44), per class (paper)	Not previously included in 0651-0009– new fee	$100	+$100
1-3	60ID	Fee for using the free-form text box to enter the identification of goods/services (§§1 and 44), per class (paper)	Not previously included in 0651-0009– new fee	$200	+$200
1-3	60CH	For each additional group of 1,000 characters beyond the first 1,000 (§§1 and 44), per class (paper)	Not previously included in 0651-0009– new fee	$200	+$200
1-3	70IN	Fee for insufficient information (§§1 and 44), per class (electronic)	Not previously included in 0651-0009– new fee	$100	+$100
1-3	70ID	Fee for using the free-form text box to enter the identification of goods/services , per class (electronic)	Not previously included in 0651-0009– new fee	$200	+$200
1-3	70CH	For each additional group of 1,000 characters beyond the first 1,000 (§§1 and 44), per class (electronic)	Not previously included in 0651-0009– new fee	$200	+$200

Table 2: Proposed Burden

Item No.	Fee Code	Item	Responses (a)	New Fee (b)	New Non-hour Cost Burden (a) x (b) = (c)
1-3	6001	Application (Base application, paper), per class	3	$850	$2,550
1-3	7007	Application (TEAS Plus), per class	-369,601	Discontinued	$0
1-3	7009	Application (TEAS Standard), per class	-211,773	Discontinued	$0
1-3	70BA	Application (Base application, electronic), per class	581,374	$350	$203,480,900
1-3	60IN	Fee for insufficient information (§§1 and 44), per class (paper)	1	$100	$100
1-3	60ID	Fee for using the free-form text box to enter the identification of goods/services (§§1 and 44), per class (paper)	1	$200	$200
1-3	60CH	For each additional group of 1,000 characters beyond the first 1,000 (§§1 and 44), per class (paper)	1	$200	$200
1-3	70IN	Fee for insufficient information (§§1 and 44), per class (electronic)	71,511	$100	$7,151,100
1-3	70ID	Fee for using the free-form text box to enter the identification of goods/services , per class (electronic)	91,943	$200	$18,388,600
1-3	70CH	For each additional group of 1,000 characters beyond the first 1,000 (§§1 and 44), per class (electronic)	3,065	$200	$613,000
		Totals	747,899	- - -	$229,636,650

Table 3: Changes in Cost

Item No.	Fee Code	Item	Current Cost (a)	New Cost (b)	Change in Non-hour Cost Burden (b) – (a) = (c)
1-3	6001	Application (Base application, paper), per class	$2,250	$2,550	+$300
1-3	7007	Application (TEAS Plus), per class	$92,400,250	$0	-$92,400,250
1-3	7009	Application (TEAS Standard), per class	$74,120,550	$0	- $74,120,550
1-3	70BA	Application (Base application, electronic), per class	Not previously included in 0651-0009– new fee	$203,480,900	$203,480,900
1-3	60IN	Fee for insufficient information (§§1 and 44), per class (paper)	Not previously included in 0651-0009– new fee	$100	+$100
1-3	60ID	Fee for using the free-form text box to enter the identification of goods/services (§§1 and 44), per class (paper)	Not previously included in 0651-0009– new fee	$200	+$200
1-3	60CH	For each additional group of 1,000 characters beyond the first 1,000 (§§1 and 44), per class (paper)	Not previously included in 0651-0009– new fee	$200	+$200
1-3	70IN	Fee for insufficient information (§§1 and 44), per class (electronic)	Not previously included in 0651-0009– new fee	$7,151,100	+$7,151,100
1-3	70ID	Fee for using the free-form text box to enter the identification of goods/services , per class (electronic)	Not previously included in 0651-0009– new fee	$18,388,600	+$18,388,600
1-3	70CH	For each additional group of 1,000 characters beyond the first 1,000 (§§1 and 44), per class (electronic)	Not previously included in 0651-0009– new fee	$613,000	+$613,000
		Totals	$166,523,050	$229,636,650	$63,113,600

Summary of Changes

The aforementioned rulemaking results in the revision of two fees, the addition of seven fees, and the removal of two fees, with an increase of $63,113,600 in annual non-hourly costs to collection 0651-0009.

Changes in Burden

Burden Type	Currently Approved	Proposed Change	New Estimate
Non-hourly Cost Burden	$166,906,580	$63,113,600	$230,020,180

0651-0009’s revised burden is as follows:

• 581,377 in annual responses (unchanged)

• 508,394 in annual hourly burden (unchanged)

• $230,020,180 in annual non-hourly costs