As of January 18, 2025, the TEAS Standard fee under previous 37 C.F.R. §2.6(a)(1)(iii), TEAS Plus application and processing fees under previous 37 C.F.R. §2.6(a)(1)(iv), (v), and the TEAS Standard and TEAS Plus filing options were discontinued. Under the rules mandating electronic filing, the TEAS RF filing option was discontinued in 2020 and renamed TEAS Standard, but TEAS RF applications are still pending. See Changes to the Trademark Rules of Practice to Mandate Electronic Filing, 84 Fed. Reg. 37081 (Jul. 31, 2019) (final rule effective date delayed to Feb. 15, 2020, 84 Fed. Reg. 69330 ).

The following sections provide guidance on how the new fees are applied to TEAS Standard, TEAS RF, and TEAS Plus applications filed before January 18, 2025.

TEAS Standard and TEAS RF applications are not subject to the insufficient information fee, free-form text ID fee, or excess character ID fee. Examining attorneys must not require these additional fees for TEAS Standard or TEAS RF applications.

Any class added to these applications will be subject to the filing fee under 37 C.F.R. §2.6(a)(1)(iii).

On and after January 18, 2025, any pending TEAS Plus applications that would have been subject to the TEAS Plus processing fee is subject to the insufficient information fee if the application fails to satisfy any of the requirements for a base application set forth in 37 C.F.R. §2.22(a)(1)-(19). See TMEP §§819.02-819.02(n). Examining attorneys must not require the TEAS Plus processing fee in any Office action issued after January 18, 2025, but instead must require the insufficient information fee.

Free-form Text ID Fee and Excess Character ID Fee Do Not Apply. Pending TEAS Plus applications will not be subject to the excess character ID fee or free-form text ID fee for misuse of the fill-in-the-blank fields in the identification. Further, the insufficient information fee does not apply to identification-related deficiencies in the application.

Added Classes. On and after January 18, 2025, any class added to a pending TEAS Plus application will be subject to the filing fee per class under 37 C.F.R. §2.6(a)(1)(iii). No additional fees will apply to added classes for any pending TEAS Plus applications.

The following discusses how the insufficient information fee will be required for pending TEAS Plus applications:

If an Office action issued before January 18, 2025, the Office action required the TEAS Plus processing fee, and the applicant does not pay the fee in response, the examining attorney will maintain and continue the requirement for payment of the fee as an insufficient information fee under 37 C.F.R. §2.22(b), as applicable. If the application is otherwise in condition to be made final, the examining attorney must make the requirement for the insufficient information fee final. If the application is not in condition for a final refusal and a new nonfinal Office action must issue, the examining attorney must maintain and continue the requirement for the insufficient information fee.

The base application requirements set forth in 37 C.F.R. §2.22(a)(1)-(19) do not include requirements: (1) that the application include correctly classified goods and/or services, with an identification of goods/services taken directly from the ID Manual within the electronic form; or (2) that the scope of the goods and/or services covered by the §44 basis not exceed the scope of the goods and/or services in the foreign application or registration. In addition, no additional fee is required if the mark type is amended from a trademark or service mark to a certification mark, collective mark, or collective membership mark, or vice versa. Accordingly, if the TEAS Plus processing fee was assessed in the initial Office action for failing to meet these requirements, the examining attorney must withdraw the requirement for the TEAS Plus processing fee and will not require the insufficient information fee.

If an Office action issued before January 18, 2025, the Office action required the TEAS Plus processing fee, and the applicant pays the fee on or after January 18, 2025, the examining attorney will accept the payment of the fee. The insufficient information fee is the same amount as the TEAS Plus processing fee. If there are no other outstanding issues, the examining attorney will approve the application for publication. If a further Office action is required, the examining attorney will notify the applicant that the fee payment was satisfied and not require an additional fee.

If an Office action issued before January 18, 2025, and the TEAS Plus processing fee is paid before January 18, 2025, and the application is in condition for approval for publication, the examining attorney may approve the application for publication. If a further Office action is required, the examining attorney will notify the applicant that the fee payment was satisfied and not require an additional fee. If the application was already approved for publication, it is not necessary to withdraw the application from publication. If the TEAS Plus application was not examined until on or after January 18, 2025, the application will be subject to the insufficient information fee if the base application requirements under 37 C.F.R. §2.22(a)(1)-(19) are not met. See TMEP §§819.02-819.02(n). Examining attorneys must not require a TEAS Plus processing fee but must instead issue the requirement for an insufficient information fee under 37 C.F.R. §2.22(b).