📅 2026 Update: Changes in Trademark Registration Process

Since the original article was published, there have been significant updates to the trademark registration process in the United States. Key changes include faster processing times, updated filing fees, and the introduction of new platforms for managing applications. The information below highlights the most important adjustments since the article was written, while further details about trademark law can still be found further down the page.

🚀 First Action Pendency Reduction

The United States Patent and Trademark Office (USPTO) has made strides in reducing the time it takes to get the first action on a trademark application. In fiscal year 2025, they reduced this time by 25%. In the first half of fiscal year 2026, there was an additional 20% reduction, bringing the average time down from 5.6 months to 4.45 months.

⏳ Total Processing Time Improvement

The overall time from filing a trademark application to receiving a decision has also improved. The average total processing time dropped from 11.7 months in fiscal year 2025 to 10.03 months in the first half of fiscal year 2026. This change can benefit applicants by allowing them to secure trademark protection more quickly.

💵 Updated Fees and Costs

The base application filing fee remains at $350 per class of goods or services. Additional fees may apply for various reasons, like missing information or lengthy identifications. For intent-to-use applications, fees for amendments and extensions continue to be applicable, with specific costs defined for each.

💻 New Trademark Center

As of January 18, 2025, the USPTO's Trademark Center has replaced the previous system for filing new applications and managing related fees. This platform centralizes the trademark process, making it easier for applicants to track their submissions.

📌 Key Points Summary

  • 🚀 Faster Processing: First action time down to 4.45 months.
  • ⏳ Total Processing Time: Reduced to 10.03 months.
  • 💵 Filing Fees: Base fee remains $350 per class.
  • 💻 Trademark Center: New platform for applications and fees.
  • ⚠️ Additional Fees: May apply for incomplete applications.

💡 Tips for Navigating Trademark Registration

Review your specific situation with your attorney to ensure you understand the nuances of trademark registration.

🔍 Conduct Thorough Trademark Searches

Before applying, conduct a comprehensive trademark search. This helps identify existing trademarks that may conflict with your application, potentially saving time and money.

📅 Keep Track of Deadlines

Be mindful of deadlines for responding to office actions. Applicants have three months to respond, with an option for a three-month extension by paying a fee. Missing these deadlines can result in application abandonment.

📄 Understand Filing Options

If online filing isn’t possible, you can still submit documents via paper. Ensure you mail them in time by depositing them in a U.S. Postal Service collection box by the filing deadline.

📊 Use the Trademark Dashboard

The USPTO's Trademark Dashboard provides real-time statistics on application processing times. Regularly checking this resource can give you insight into where your application stands.

📞 Utilize Free Assistance

If you have questions about the trademark process, consider contacting the USPTO's Trademark Assistance Center. They offer free help for trademark-related inquiries.

🏆 Trademark Services Ranked by User Reviews (2026)

This section lists services that assist with trademark registration, based on Trustpilot reviews. These services can provide valuable support in navigating the trademark process. The rankings are based on data from October 2026, and it's important to note that star ratings can change as more customers share their experiences.

🥇 1. The Trademark Company

The Trademark Company holds a Trustpilot score of 4.5. This service is known for offering affordable legal help and intellectual property protection. However, some users have reported upselling tactics, which may be a concern for potential clients.

🥈 2. LegalZoom

LegalZoom averages a Trustpilot score of 4.6 from a substantial reviews**. It is recognized for its online legal services, including trademark registration assistance. While many customers praise the service, there are occasional reports of delays and communication issues.

🆓 Free Trademark Assistance

The USPTO provides free resources through its Trademark Assistance Center. This option can help individuals with trademark-related questions without incurring costs. It is valuable for those who wish to understand the trademark process better.

🔎 What to Compare When Choosing a Trademark Service

  • 📊 Customer Ratings: Look for services with high Trustpilot scores.
  • 💼 Service Offerings: Check what specific trademark services are provided.
  • ⚠️ User Experiences: Read reviews for insights on customer satisfaction and potential red flags.
  • 🕒 Processing Times: Consider how quickly each service processes applications.
  • 💸 Fee Structures: Review each service's fees and any potential hidden costs.

❓ Frequently Asked Questions

❓ What is the Madrid Protocol?

The Madrid Protocol is an international treaty that allows trademark owners to seek protection in multiple countries through a single application. As of October 1, 2026, it is the sole platform for filing international trademark applications based on U.S. registrations.

⏳ How long does it take to receive a trademark?

As of October 1, 2026, the average time from filing a trademark application to receiving a final decision is 10.4 months. This includes time for both approval and potential abandonment.

📅 Can I extend my response time to an office action?

Yes, applicants have three months to respond to an office action. This period can be extended by an additional three months, but a fee is required for the extension.

🔍 What are the eligibility requirements for a trademark?

To apply for a trademark, applicants must use the trademark in commerce at the time of filing or have a bona fide intention to use it in the near future.

⚠️ What should I do if I suspect a scam?

If you encounter someone impersonating USPTO employees and requesting payment, report the scam. The USPTO will never ask for personal or payment information through phone calls, emails, or social media.

💼 What happens if I miss a maintenance filing deadline?

Missing a maintenance filing deadline can lead to the cancellation of your trademark registration. It's essential to file required documents at regular intervals to keep your trademark active.

⚖️ Recent Cases Related to Trademark Law

Recent court rulings related to trademark law have highlighted important aspects of the Lanham Act and its enforcement. These cases illustrate how trademark rights are protected and enforced in various situations.

For more details, browse recent rulings in the news section.

End of October 2026 Update







LANHAM ACT TEXT

Lanham Act


What is the Lanham Act?

The Lanham Act is a piece of legislation that was codified in 1946 that enacts federal regulations in the field of trademark law.  The Lanham Act is based on Congress’s ability to regulate goods traveling through interstate commerce under the commerce clause.  It provides for a national registration of trademarks and protects owners of trademarks from infringement from and the use of similar trademarks that would dilute the trademark or lead to confusion amongst consumers.  Prior to the Lanham Act there were State trademark laws but with the passage of the Act in 1946 there was finally a federal guideline.

There are 4 major provisions of the Lanham Act.  The first two subchapters deal with the registration of Trademarks.  The first subchapter entails the registration process and the various rights that are granted with the registration.  Subchapter II deals with the registration of certain marks that may not be registered under subchapter I.  This form of registration does not confer the same protections as those under Subchapter I but it does give limited protections including advance notice of trademark to potential infringers.  

Subchapter III of the Lanham Act deals primarily with remedies that accompany a finding of trademark infringement.  They are broken up into sections 42 and 43 of the act.  

What is a Trademark?

A Trademark, as defined by the United States Patent and Trademark Office, is defined as “a word, phrase, symbol, or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of another.” Famous Trademarks include the trademark “Nike” as well as the Nike “swoosh.” The trademarks help do distinguish Nike shoes from those of its competitors. 

Trademarks can also extend to distinguishing features of products including the shape and color of the product.  For example, the shape of a Coca-Cola bottle is highly distinguishable from other bottles on the market.  Trademark issues would arise if  for example, a competitor of Coca-cola were to manufacture a similar bottle and use that bottle to compete in the beverage market.  This would entail to confusion of the competing product with Coca-Cola and would likely lead to a Trademark infringement suit.

Why is it important to register a trademark?

It is not required by law to have a trademark registered with the Patent and Trademark Office but the registration does afford a number of protections.  Registration of the Trademark constitutes nationwide constructive notice to all potential infringers that the trademark is currently owned.  Registration also gives the party possessing the registered trademark the authority to sue for trademark infringement in a federal court.  The registration of a trademark also confers other benefits including increased damages in the case of infringement being found by a federal court.  

What encompasses a Trademark?

The Lanham Act provides certain pre-requisites in order for a trademark to receive federal protection.  In order to be a trademark, under federal law, a trademark must be distinctive.  The courts have grouped the categories of distinction into 4 groups based on the relationship of the mark with the underlying product.  These groups are: arbitrary and fanciful; suggestive; descriptive; or generic.

What are the categories of Trademarks?

The four categories of trademarks are arbitrary or fanciful; suggestive; descriptive; or generic.

An arbitrary or fanciful mark is one that bears no logical relationship to the underlying product.  These include trademarks such as “Apple,” “Nikon,” and “Panasonic.” These trademarks have no relationship to the underlying product.

A suggestive trademark is one where the trademark suggests a characteristic associated with its use.  The trademark “Poland Spring” suggests that the product is associated with water.

A descriptive mark requires secondary meaning that does more than associate the product with a general product or industry.  Descriptive marks are not inherently distinctive and are protected only if they have acquired secondary meaning.  The secondary meaning is acquired when the public at large begins to associate that trademark with a distinct service or good unlike others in the same industry.  For example, the trademark “iphone” has a secondary meaning  associated with a premium brand of cellular phones.

The final category of trademarks is the Generic category.  These types of products carry with them absolutely no trademark protection.  They are deemed to be too common in identifying specific categories of products that it would be a detriment to the public if those terms were allowed to be trademarked.  



What are the benefits of having a registered trademark?

As detailed in the Lanham Act, a trademark may be register in one of two ways.  By either using the mark in the stream of commerce or by registering the mark with the United States Patent and Trademark Office.  

The first method of obtaining a trademark involves the registration with the United States Patent and Trademark Office.  The ultimate protection associated with a registered trademark is that the once the trademark has been used for 5 consecutive years it is prima facie evidence of a trademark.  In this instance, any defendant in a trademark infringement suit cannot directly attack the plaintiff’s mark. A second important distinction is that, while an unregistered trademark is only valid in the region where it is used a registered trademark gives the trademark national recognition.

The second method of attaining a trademark is very straightforward.  It merely involves selling a product with a specific trademark in the stream of commerce.  Once that is accomplished an individual has met his/her obligations to have an enforceable Trademark.  However, there are differences.  Under a “common law” trademark; which is what an unregistered trademark is referred to, the trademark is only valid in the region that it is sold in.  Secondly, the protection associated with a registered trademark that has been in use for 5 continuous years does not apply to a common law trademark.

How do you register a Trademark?

A trademark is first registered by filing an application with the United States Patent and Trademark Office.  Once the trademark is filed it will be reviewed in the order in which it was received.  The application will then be reviewed by an attorney at the Patent and Trademark Office.  This could take fro 3-6 months to accomplish.  After the attorney has reviewed the application, if there are no issues, the trademark will be published.  At that point any party seeking to contest the application for a trademark must make any claims within 30 days.  If there is a petition filed against trademark then the case will go before a Trademark Trial and Appeal Board.  If there is not contention within 30 days then application will be processed and a valid trademark will be issued.  A trademark must be renewed every 10 years in order to maintain its validity.