The First Decision: TEAS Plus or TEAS Standard?
When you file a trademark application online through the USPTO's TEAS system, you choose between two application forms. The choice determines your filing fee and sets the rules for the rest of your application.
TEAS Plus — $250 per class
TEAS Plus has a lower fee but stricter requirements:
- You must select your goods/services identification entirely from the USPTO's Acceptable Identification of Goods and Services Manual (the ID Manual) — no custom descriptions
- You must provide a valid email address for correspondence
- You must agree to receive all communications electronically
- All future correspondence must also be filed electronically
The ID Manual contains thousands of pre-approved descriptions. For most common goods and services, there's a suitable option available. When there is, TEAS Plus is the right choice — $100 less per class than TEAS Standard, with no real downside if your goods/services fit the available descriptions.
TEAS Standard — $350 per class
TEAS Standard allows you to write custom descriptions of your goods/services if nothing in the ID Manual fits accurately. This is relevant for genuinely novel products, niche services, or situations where the available standard descriptions are either too broad or too narrow for your actual offering.
The USPTO examining attorney may still require you to amend a custom description during examination — but TEAS Standard gives you the flexibility to start with precise language and negotiate from there.
Practical rule: Search the ID Manual before deciding. If you find a description that accurately covers what you offer, file TEAS Plus and save $100/class. If nothing fits without being misleadingly broad or narrow, file TEAS Standard. Most applicants — especially those in established product/service categories — qualify for TEAS Plus.
The Per-Class Fee Structure
Trademark protection is granted per class. The Nice Classification system divides goods and services into 45 classes — Classes 1–34 cover goods, Classes 35–45 cover services. Your filing fee is multiplied by the number of classes you file in.
Common scenarios:
- A clothing brand filing in Class 25 (clothing): 1 class × $250 = $250
- A software company filing in Class 9 (software) and Class 42 (SaaS/tech services): 2 classes × $250 = $500
- A restaurant chain filing in Class 43 (restaurant services) and Class 30 (coffee, tea, prepared foods): 2 classes × $250 = $500
- A brand filing across 5 classes for broad protection: 5 × $250 = $1,250
Filing in more classes costs more upfront but provides broader protection. Filing in too few classes leaves gaps competitors can exploit — filing in too many classes means paying fees for protection you don't need and potentially struggling to submit valid specimens for unused classes.
The Extension Fee (Intent-to-Use Applicants)
If you file on an Intent-to-Use basis (you haven't started using the mark in commerce yet but plan to), your application receives a Notice of Allowance after the opposition period. You then have 6 months to either submit a Statement of Use (showing actual use) or file an Extension Request.
Extension requests cost $125 per class and you can file up to five of them, giving you a maximum of 36 months from the Notice of Allowance to put the mark into use. If you exhaust all extensions without filing a Statement of Use, your application is abandoned and all fees paid are forfeited.
Five extensions in a single class: 5 × $125 = $625 in extension fees alone. For a brand that's taking a long time to launch, this adds up quickly across multiple classes.
Office Action Response Fees
Office action responses themselves don't carry a USPTO fee — the examination process is included in your filing fee. However, if you need to request reconsideration after a final office action, or if specific requests require fees, those are additional:
- Request for reconsideration after final refusal: currently no additional fee, but check current schedule
- Appeal to TTAB (Notice of Appeal): $225 per class
- Extension of time to oppose (requested by third parties): $400 for the first extension
Opposition and Cancellation Fees
If your application is opposed by a third party — or if you need to challenge someone else's mark — the TTAB proceedings carry their own fee structure:
- Notice of Opposition: $600 per class (reduced to $400/class with certain conditions)
- Petition to Cancel: $600 per class
- Extension of time to oppose: $400
These fees are just the government filing fees. Attorney fees for opposition proceedings are the larger cost — a fully litigated TTAB opposition can cost $15,000–$100,000+ per side in attorney fees.
The Non-Refundable Rule
Every USPTO trademark fee is non-refundable once processed. If your application is refused, abandoned, or you simply change your mind, you do not get your money back. This applies to:
- Initial filing fees
- Extension request fees
- Amendment fees
- Appeal fees
The practical implication: do your homework before filing. A proper clearance search and professional review of your mark's registrability is worth the cost precisely because it prevents you from paying non-refundable filing fees for an application that was likely to fail.
Complete Fee Reference (2026)
Initial Application
TEAS Plus: $250/class · TEAS Standard: $350/class
Intent-to-Use Extensions
Each extension request: $125/class (up to 5 extensions)
Statement of Use (ITU applicants)
$100/class
Section 8 (years 5–6 maintenance)
$225/class · Late surcharge: $100/class
Section 15 (incontestability, optional)
$200/class
Section 9 (10-year renewal)
$300/class · Late surcharge: $100/class
Appeal to TTAB
$225/class
Notice of Opposition / Petition to Cancel
$600/class
Fees are updated periodically. Always verify the current fee schedule at uspto.gov before filing — do not rely on third-party sources including this article for exact current fees.
Frequently Asked Questions
Can I add classes to my application after filing?
No. You cannot add new classes to a pending application. If you realize after filing that you need protection in additional classes, you must file a separate new application for those classes — paying the full per-class filing fee again with a new filing date. This is why class selection matters at the outset: the cost of under-filing is a new application fee, plus you lose your original filing date's priority for the additional classes.
Is TEAS Plus always cheaper than TEAS Standard?
In terms of filing fees, yes — $250 vs $350 per class. But TEAS Plus's stricter requirements mean you must use ID Manual descriptions exactly as written. If you use an overly broad description just to qualify for TEAS Plus, you may end up with protection that doesn't accurately reflect your goods/services — potentially causing problems during prosecution or enforcement. The $100 savings isn't worth filing in the wrong class or with an inaccurate description.
What does the filing fee actually cover?
The filing fee covers USPTO examination of your application through registration (or final refusal) — including review by an examining attorney, any office actions during prosecution, and publication in the Official Gazette. It does not cover: attorney fees, professional search fees, extension requests (separate fee), Statement of Use filing (separate fee), maintenance filings (separate fees), or any TTAB proceedings.
Are there discounts for small businesses or startups?
The USPTO offers reduced fees for "micro entity" status in patent filings, but no equivalent program exists for trademark applications. All applicants — individual, small business, large corporation — pay the same per-class filing fees. The USPTO's TEAS system is designed to be accessible to self-filers, but the fees themselves are uniform.