Authored by: Chris Roberts

Navigating the costs associated with U.S. trademark prosecution can feel daunting, particularly for applicants managing portfolios across multiple jurisdictions. The good news is that with a bit of strategic planning, it is entirely possible to keep official fees low while maximizing the strength of your trademark protection. Two key strategies, thoughtful class selection and effective use of the USPTO’s Identification Manual, can make a meaningful difference in both your upfront investment and your long-term costs.

Be Strategic with Your Class Selections

One of the most important things to understand about the U.S. trademark system is that nearly every aspect of prosecution is charged on a per-class basis. This includes filing fees, extensions of time, Statements of Use and Amendments to Allege Use, appeal fees, and renewal fees. This means that not only can there be a large gap at the initial time of filing between two applications with varying number of classes, but also the gap widens over time due to the compounding effect of the fees. Renewal fees are due every ten years. Over the lifetime of a trademark registration, the cumulative cost difference between filing in one or two classes versus four or five can be substantial.

With that in mind, it pays to carefully evaluate which classes of goods or services you truly need based on your current and realistically planned business activities. While it can be tempting to file defensively across a wide range of classes to stake out broad territory, this approach can quickly become expensive, especially when you factor in the ongoing maintenance obligations that come with each class. If you are not actually using the mark in connection with certain goods or services, and do not have concrete plans to do so, it may be more cost-effective to focus your initial application on the classes that matter most right now. You can always file additional applications later as your business expands into new areas or as these areas of your business grow.

Leverage the USPTO’s Identification Manual

The second strategy offers both immediate savings and significant long-term benefits. The USPTO offers two primary electronic filing options, and the fee difference between them is worth understanding. The standard TEAS Standard filing costs $550 per class, while the TEAS Plus filing costs only $350  per class, a savings of $200per class. For multi-class applications, those savings add up quickly.

To qualify for the reduced TEAS Plus rate, every goods and services description in your application must be drawn from pre-approved language found in the USPTO’s Identification Manual. It is important to note that the USPTO does not automatically apply the lower fee. You must specifically elect the TEAS Plus filing option, so be sure to communicate with your U.S. trademark attorney when you want to take advantage of this reduced rate.

Beyond Cost Savings: The Strategic Advantages of ID Manual Descriptions

While the fee reduction is a welcome benefit, the strategic advantages of using pre-approved ID Manual descriptions often prove even more valuable. One of the most common office actions international applicants encounter is a rejection based on indefinite or overly broad goods and services descriptions. The USPTO requires a significantly higher level of specificity than many other trademark offices around the world, and custom-drafted descriptions frequently trigger examination issues that require amendments, additional correspondence with the examining attorney, and delays.

By contrast, pre-approved descriptions from the ID Manual sail through examination without objection, resulting in faster prosecution and fewer opportunities for complications. Perhaps most counterintuitively, using precise ID Manual language can actually result in broader and more effective coverage than custom descriptions that are progressively narrowed through rounds of examination amendments. What starts as an attempt to claim expansive protection can end up providing less coverage than a well-chosen set of pre-approved terms would have offered from the outset.

A Note for International Clients

If you are accustomed to the broader, more general descriptions commonly accepted in other jurisdictions, it can be tempting to craft custom language for your U.S. application that mirrors what you have used elsewhere. We encourage you to resist that temptation in some cases. The USPTO’s pre-approved descriptions are specifically crafted to provide optimal protection within the framework of U.S. trademark law requirements. Working with your U.S. counsel to identify the ID Manual entries that best capture your business activities is almost always the more efficient and effective approach.

The Bottom Line

Smart class selection and strategic use of the USPTO’s Identification Manual are two of the simplest ways to reduce both upfront and ongoing trademark costs, and they come with the added benefit of actually strengthening your application. These are not merely cost-cutting measures. They are informed strategic choices that lead to stronger, faster, and more efficient trademark registrations. If you have questions about how to apply these strategies to your specific filing needs, our trademark team is happy to help.