Appeals to the Lanham Act of 1946
π 2026 Update: Trademark Process Improvements and Fees
Since the original article was published, there have been several notable changes in the trademark registration process. The U.S. Patent and Trademark Office (USPTO) has made strides in reducing processing times and updating fees.
These updates are important for anyone looking to register a trademark or protect their brand. The earlier article continues further down the page.
β³ Processing Time Improvements
The USPTO has worked to improve the speed of the trademark application process. In fiscal year 2025, the first action pendency was reduced by 25%. In the first half of fiscal year 2026, this was further cut by 20%, bringing the average time from 5.6 months to 4.45 months.
πΈ Current Filing Fees
As of 2026, the base application filing fee remains $350 per class of goods or services. Additional fees may apply if the application lacks required information or uses custom identifications. For intent-to-use applications, there are extra costs for amendments and extensions.
π Changes in Forms and Filing
The USPTO's Trademark Center became the platform for all new trademark applications starting January 18, 2025. As of October 2026, some common forms, including maintenance and renewal forms, have been retired from the old system. This shift streamlines the application process.
π Average Processing Times
As of October 1, 2026, the average time from filing a trademark application to the first examining action is 4.3 months. The total processing time from filing to registration or abandonment is now 10.4 months.
π Key Points Overview
- β³ Reduced processing times for applications.
- πΈ Base filing fee remains at $350.
- π Transitioned to the Trademark Center for all applications.
- π Average processing times now at 4.3 months for initial review.
π‘ Tips for Navigating Trademark Registration
Reviewing your situation is essential when considering trademark registration. Itβs best to discuss your unique circumstances with an attorney.
π Understand Eligibility
Make sure you know if you are applying under the use-in-commerce basis or the intent-to-use basis. Each has specific requirements that must be met at the time of filing.
π Respond Promptly to Office Actions
If you receive an office action, respond within three months. You can extend this period by another three months, but it requires a fee.
π Conduct Thorough Trademark Searches
Before applying, do a comprehensive trademark search. This can help avoid potential conflicts and save time in the application process.
π» Utilize the USPTO Resources
The USPTO offers many resources, including guides and FAQs, to help applicants. Donβt hesitate to reach out to the Trademark Assistance Center for free help.
π Keep Track of Processing Times
Stay updated on your applicationβs status through the Trademark Dashboard. This can help you manage expectations and prepare for the next steps.
π Trademark Services Ranked by User Reviews (2026)
This section reviews services that assist with trademark registration, based on Trustpilot ratings. These ratings reflect customer feedback and can help you choose a service. Itβs important to note that scores can change over time.
Overall, unhappy customers tend to leave more reviews, so consider these ratings as one of many signals.
π₯ 1. LegalZoom
LegalZoom has been rated 4.6 on Trustpilot. It is known for providing online legal services, including trademark registration assistance. However, some reviewers report delays and issues with communication, which could impact your experience.
π₯ 2. The Trademark Company
The Trademark Company holds a 4.5 rating. It is recognized for offering affordable legal help and intellectual property protection. Yet, some users have mentioned upselling tactics, which might affect the overall value of the service.
π Free Government Assistance
The USPTO provides free resources for trademark-related questions. The Trademark Assistance Center offers support via phone and email, making it a helpful option for applicants needing guidance without the additional costs.
π Comparison Points for Trademark Services
- π·οΈ Service fees and additional costs.
- β³ Processing times for applications.
- π Customer support availability and responsiveness.
- π User reviews and overall satisfaction.
β Frequently Asked Questions
β What is the average time to register a trademark?
The average time from filing to registration or abandonment is currently 10.4 months.
π How can I respond to an office action?
You have three months to respond to an office action, which can be extended by an additional three months for a fee.
π What should I do if my trademark application is denied?
If your application is denied, you can file an appeal or address the issues noted in the office action before reapplying.
π How can I check my trademark application status?
You can track your application status using the USPTO's Trademark Dashboard, which provides real-time updates.
π» Are there resources available for trademark searches?
Yes, the USPTO offers guides and FAQs to assist in conducting thorough trademark searches before filing an application.
π What happens if I miss a filing deadline?
Missing a filing deadline may result in your application being abandoned. You may need to reapply and pay the associated fees again.
βοΈ Recent Cases Related to Trademark Law
Recent court rulings connected to trademark law highlight ongoing issues and interpretations of the Lanham Act. These cases can influence how trademarks are registered and protected.
- Court Rules on Food Recovery Network Trademark DisputeDistrict Court, District of Columbia Β· September 10, 2026
- Fourth Circuit Rules on Gilead's Trademark Case Against ImportersCourt of Appeals for the Fourth Circuit Β· August 13, 2026
- Court affirms trademark ruling in Deltona v. NOCO caseCourt of Appeals for the Eleventh Circuit Β· August 4, 2026
- Court rules in favor of VIP Products in trademark caseCourt of Appeals for the Ninth Circuit Β· August 4, 2026
For more details, feel free to browse more rulings on the news page.
End of October 2026 Update
The Lanham Act provides for individuals or companies to dispute the conclusions of the Unites States Patent and Trademark Office by making a formal trademark appeal. A trademark appeal can be taken directly to the Trademark Trial and Appeal Board regarding any final decision made by the examiner responsible for a particular trademark registration, as long as the payment of the instituted fee is completed.
A trademark appeal can be made for other particular situations to the United States Court of Appeals for the Federal Circuit. The Lanham Act provides for criteria for those entitled for such a trademark appeal:
Β Β Β Β Β Applicant for trademark registration
Β Β Β Β Β Party to a proceeding regarding trademark interference
Β Β Β Β Β Party to an opposition proceeding
Β Β Β Β Β Party to lawful concurrent user application and registration
Β Β Β Β Β Party to a cancellation hearing
Β Β Β Β Β Applicant for a renewal not satisfied with the decision for denial
Those who may decide to take a trademark appeal to the United States Court of Appeals for the Federal Circuit automatically waive their right to take civil action. The trademark appeal to the Court of Appeals must be first filed with the Patent and Trademark Office, in order to provide for a written notice to the Director that such an appeal is to take place.
The Director will then submit a list of all the pertaining documents found in the Patent and Trademark Office in regards to this particular trademark appeal, and in some cases, a brief may also be included which will explain the decision of the office. The Court of Appeals will then review all of the information as provided by the Patent and Trademark Office and submit its ruling to the Director.
The rest of the proceedings will be carried out by the Patent and Trademark Office. It is important to note that there will be no ruling in favor of the applicant if the trademark is not properly registered, and the person cannot provide evidence that the trademark is in proper use as governed by federal trademark laws.
In the case of civil action trademark appeal, any person that has not appealed to the United States Court of Appeals for the Federal Circuit is eligible. They must initiate such proceedings within sixty days of the decision that originated the motion for trademark appeal. The Trademark Trial and Appeal Board will be in charge of the proceedings, in which the Director may or may not be a part of, depending on the circumstances of the appeal or proceeding.
Common appeals heard by the board include opposition to a trademark, cancellation of a trademark, and/or request for concurrent use of a trademark. Trademark opposition usually encompasses a proceeding involving another company opposing the use a particular trademark on the grounds of infringement. The party that has their mark properly registered will have rights of superiority, pending a proper investigation regarding the trademark appeal. Trademark cancellation may be petitioned because of the non-use of a trademark, or failure to establish purpose for commercial use within a certain period of time.
Concurrent use trademark appeals will often deal with the use a particular trademark in another location. The appeal may be upheld if it can be proven that no consumer confusion of the owner of the trademark will occur. All the expenses incurred by the trademark appeal proceedings are the sole responsibility of the one motioning for appeal, as far as they are not deemed unreasonable by the court.