An Overview of Trademark Names
π 2026 Update: Recent Changes in Trademark Registration
Since the original article on trademark names was published, there have been significant changes in the fees and processes associated with trademark registration. The United States Patent and Trademark Office (USPTO) has updated its fee schedule and processing times, impacting how applicants approach trademark registration. The earlier article continues further down this page, covering foundational aspects of trademark law.
π° Recent Fee Changes
In 2024, the USPTO implemented a final rule that adjusted certain trademark fees. The base application filing fee for electronic applications is now $350 per class under Section 1 or Section 44. Additional fees also apply for insufficient information or for using free-form text boxes instead of the Trademark ID Manual.
β³ Updated Processing Times
As of 2026, the average time for a first examining action is approximately 4.3 months from filing. The total processing time from application to either registration or abandonment now averages 10.4 months. These changes may affect how quickly businesses can secure their trademarks.
π Application Requirements
Eligibility rules for trademark applications remain largely the same. Applicants can qualify under different sections, such as Section 1(a) for those using trademarks in commerce and Section 1(b) for those intending to use their trademarks soon. Itβs crucial to ensure that all application criteria are met to avoid delays.
π Maintenance and Renewal Fees
Trademark owners must now consider several maintenance fees. For instance, the five-year declaration fee is $325 per class, while the ten-year renewal combined with a five-year declaration costs $650 per class. These fees are essential for maintaining an active trademark registration.
π Key Updates Summary
- π° Base application filing fee is $350 per class.
- β³ Average processing time has increased to 10.4 months.
- π Applicants can qualify under multiple sections.
- π Maintenance fees have been updated, including $325 for five-year declarations.
- π Ensure prompt filing of necessary documents to avoid issues.
π‘ Tips for Trademark Registration
Reviewing your situation with a qualified attorney can provide clarity on your trademark needs. Here are practical tips for navigating the trademark registration process:
π File Electronically
All trademark applications must be submitted electronically via the Trademark Center. This method is not only faster but also ensures that your application is processed according to the latest requirements.
β° Keep Track of Deadlines
Remember that important deadlines exist for filing statements of use and maintenance documents. For intent-to-use applications, file within six months after receiving the notice of allowance to ensure continued eligibility.
π Use Correct Classifications
Select the correct classification for your goods or services when filing your application. Using the Trademark ID Manual can help avoid additional fees for insufficient information.
π Regularly Check Application Status
Monitor your application status through the USPTO's Trademark Status and Document Retrieval (TSDR) system. Keeping an eye on your application's progress can help you respond promptly to any inquiries.
π Be Aware of Scams
Stay vigilant against unsolicited communications that request payment for trademark services. The USPTO does not send out such requests, and recognizing this can save you from potential scams.
π Trademark Registration Services Ranked by User Reviews (2026)
This section highlights popular trademark registration services based on user reviews. The following services have been evaluated for their ability to assist with trademark processes. Ratings are based on Trustpilot data from October 2026, and while star ratings are informative, they may not reflect the full customer experience.
π₯ 1. LegalZoom
LegalZoom has a Trustpilot score of 4.6. It is recognized for providing a wide range of legal services, including trademark registration. Users appreciate its user-friendly platform but have noted some delays in processing times, which could affect applicants needing prompt assistance.
π₯ 2. Rocket Lawyer
Rocket Lawyer holds a Trustpilot score of 4.5. This service is known for its affordable legal services and extensive document library, which can be beneficial for businesses navigating trademark registration. However, some users find that the subscription model does not meet their needs.
π₯ 3. Bizee
Bizee has received a Trustpilot score of 4.8. It is known for its business formation services and compliance support, making it a strong choice for startups looking to establish trademarks. Being newer in the trademark registration space, users might find less familiarity with its processes.
π Free Government and Nonprofit Help
The USPTO offers a variety of resources for trademark applicants, including guides and FAQs. Additionally, the Small Business Administration (SBA) and local Small Business Development Centers provide free or low-cost assistance. These options can be valuable for businesses needing support without the added cost.
π Key Factors to Compare Trademark Services
- π·οΈ Fee structure: Look for transparency in costs.
- β³ Processing times: Consider the average time to completion.
- π User reviews: Check customer satisfaction and experiences.
- π Range of services: Ensure the service covers all your trademark needs.
- π Customer support: Evaluate the availability and responsiveness of assistance.
β Frequently Asked Questions
β What is the average processing time for a trademark application?
The average processing time to registration or abandonment is approximately 10.4 months from filing.
π What happens if I miss a deadline for my trademark application?
Missing deadlines can lead to abandonment of your application. Itβs essential to file necessary documents, such as statements of use, on time.
π Can I change the information in my trademark application after submission?
Yes, you can request minor changes using the Post-Approval/Publication/Post-Notice of Allowance amendment form.
π Are there any fees for maintaining a trademark?
Yes, maintenance fees apply at various intervals, including $325 for the five-year declaration and $650 for the ten-year renewal.
πΌ What should I do if I receive a scam communication about my trademark?
If you receive unsolicited requests for payment regarding your trademark, report them to the USPTO. They do not send out such solicitations.
π How can I monitor my trademark application status?
You can regularly check the status of your application through the USPTO's Trademark Status and Document Retrieval (TSDR) system.
βοΈ Recent Cases in Trademark Law
Recent court rulings have clarified various aspects of trademark law, including registration requirements and infringement issues. These cases can help illustrate the complexities of trademark protection.
- Florida court affirms ruling in Christopher Brand caseDistrict Court of Appeal of Florida Β· September 1, 2023
- Court rules tribal immunity does not apply in trademark caseTrademark Trial and Appeal Board Β· September 18, 2026
- New York attorney publicly censured for misconduct in trademark casesAppellate Division of the Supreme Court of the State of New York Β· August 13, 2026
- Court Rules on Food Recovery Network Trademark DisputeDistrict Court, District of Columbia Β· September 10, 2026
For more detailed insights, feel free to explore more rulings on the news page.
End of October 2026 Update
When Can a Business Use Trademark Names?
In order for a business to trademark a name, the actual name should fulfill certain requirements.
Brand names such as Nabisco, Kraft, and Dell are names that consumers see every day in stores and on marketing advertisement campaigns. Since they are easily recognizable, the companies which own them trademark them to protect their business efforts and consumers.
When a consumer buys a Nabisco product, he or she knows what to expect from the product being purchased. Brand names cannot include generic names for products. For example, "Nike" is a brand name and a registered trademark, though "sneaker" or "shoe" would be the generic name that cannot be included in a trademark in any way.
Trademark Names for Copyrighted Work:
Works of authorship can usually be protected under intellectual property law through copyrights, though the title of the work cannot be copyrighted. It can, however, be trademarked. In order to be protected under a trademark, the title of a work must first have a secondary meaning.
This means they must be commercially well-known to the public. Star Wars, for example, is a copyrighted work that is well-known to the public. As a result, it was able to obtain a trademark for the title, "Star Wars". In most cases, a name is capable of being trademarked if it is a series of works rather than just a single work.
Trademark Names for Literary Characters:
Under certain circumstances, literary characters can also be trademarked, even if the character is part of a work is no longer copyrighted. If a work loses copyright protection, characters within it can maintain their trademark status to prevent others from using them once the work reaches public domain.