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J.J. Lee, Trademark Attorney

Trademark Trouble Ahead for Hemp Brands: Why the New USPTO Fees Hit Harder

Published 1 day ago • 1 min read

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May 12, 2025

Hello Reader,

The USPTO rolled out a new trademark fee structure in January 2025. On the surface, it looks like a simple pricing adjustment—but if you work with hemp or CBD products, the reality is much more costly.

Here’s what changed:

🚨 New Trademark Fee Structure (Effective Jan. 18, 2025):

  • Base Application Fee: $350 per class
  • Custom Descriptions: +$200 per class if you don’t use pre-approved ID Manual language
  • Extra Length Fee: +$200 per 1,000 characters over the limit
  • Missing Info: +$100 per class if your application lacks new required elements

The idea? Pay less for clean, complete, easy-to-process applications.
The problem? Hemp and CBD businesses are locked out of the “easy” path.

Why It Hurts the Hemp Industry

The USPTO’s Trademark ID Manual does not include pre-approved language for products that contain “not more than 0.3% delta-9 THC”—which is the legal threshold under federal law.

So what happens?
✅ You follow the USPTO’s own guidance and include legally compliant wording.
❌ You’re forced to use custom descriptions—triggering $200 per class in extra fees.

Have three classes? That’s $600 more, just to do it right.

Worse still: if you try to avoid saying “hemp” or “CBD” in your application to keep it simple, you could trigger Office Actions and even refusals later on. You pay now—or you pay later.

The Legal Catch-22

The USPTO says you have to use legally precise language.
But then they penalize you for using it.

Applicants have even asked the USPTO to update the ID Manual to include federally compliant terms. The USPTO’s response? They won’t add terms that “require further inquiry”—meaning you can expect higher fees and stricter scrutiny, even if your product is legal.

What You Can Do

✅ Be strategic – If your application includes hemp or CBD goods, expect a higher cost and plan accordingly.
✅ Consider filing for related goods/services – Apparel, events, education, or accessories may offer cleaner paths to registration.
✅ Stay informed – Don’t let confusion or frustration keep you from protecting your brand.

Many hemp businesses are choosing to fight back—filing anyway, responding to refusals, and advocating for fair treatment. Others are relying on state registrations or common law rights as stopgaps. Either way, the message is clear: compliant hemp brands deserve a seat at the table.

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If your trademark mentions hemp or CBD, you will run into extra scrutiny. But you don’t have to face it alone. Let’s map out a smart, cost-effective strategy to protect your brand and stay compliant.

J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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