📅 2026 Update: Changes in Trademark Application Processes

Since the original article on the Lanham Act of 1946 was published, significant updates have occurred in the trademark application process. These changes aim to enhance efficiency and user experience for applicants. The details of the earlier article continue further down this page.

⏳ First Action Pendency Improvement

The United States Patent and Trademark Office (USPTO) has made strides in reducing the time it takes to receive the first action on trademark applications. In fiscal year 2025, the first action pendency was cut by 25%. Further reduction occurred in the first half of fiscal year 2026 with a 20% decrease, bringing the average time down from 5.6 months to 4.45 months.

📅 Reduced Total Processing Time

Total processing time for trademark applications has also improved. It dropped from 11.7 months in fiscal year 2025 to 10.03 months during the first half of fiscal year 2026. This change indicates a quicker path from application to registration or abandonment.

💵 Updated Application Fees

The fees for filing a trademark application have remained consistent. The base application filing fee is $350 per class of goods or services. Additional fees may apply, especially for intent-to-use applications, which include costs for amendments and extensions.

🖥️ New Trademark Center

As of January 18, 2025, the USPTO launched the Trademark Center. This platform is now the main hub for filing new trademark applications, paying fees, and tracking application statuses. Certain older forms have been retired in favor of this updated system.

📌 Key Points Summary

  • ⏳ First action pendency is now 4.45 months.
  • 📅 Total processing time is down to 10.03 months.
  • 💵 Base application filing fee remains $350 per class.
  • 🖥️ The Trademark Center is the new filing platform.
  • 🔒 Ensure all information is accurate to avoid delays.

💡 Tips for Navigating Trademark Applications

Review the specifics of your situation with your attorney.

📑 Complete and Accurate Applications

Always ensure that your application is complete and accurate. Missing or incorrect information can lead to processing delays. The USPTO provides guidance on how to avoid these issues.

⏰ Timely Responses to Office Actions

If you receive an office action, respond within three months. You can request an extension for another three months, but this requires a fee. Keep track of deadlines to maintain your application’s status.

🚨 Beware of Scams

Be cautious of scams targeting trademark applicants. Scammers may impersonate USPTO personnel and demand immediate payment. Remember, the USPTO will never ask for personal or payment information through phone calls or emails.

🆓 Use Free Assistance Resources

Consider reaching out to the Trademark Assistance Center (TAC) for free help with trademark-related questions. They can provide valuable information and support throughout the application process.

📊 Monitor Processing Times

Stay informed about current processing times. The USPTO updates these regularly, which can help you manage expectations regarding your application timeline.

🏆 Services for Trademark Help Ranked by User Reviews (2026)

This section highlights services that assist with trademark registration and related legal matters. The order is based on Trustpilot ratings as of October 2026. Ratings can change, and they reflect one aspect of customer experience.

Keep in mind that unhappy customers often leave more reviews, which can impact overall scores.

🥇 1. The Trademark Company

The Trademark Company has been rated 4.5. It is well-known for providing affordable legal help and intellectual property protection. However, some users report that upselling tactics can be an issue, which may detract from the overall value of their services in trademark registration.

🥈 2. LegalZoom

LegalZoom holds a 4.6 rating. It is known for its wide range of online legal services, including trademark registration assistance. Despite its strong reputation, some users have experienced delays and communication issues, which can be frustrating during the application process.

🆓 Free Government Assistance

For those who prefer not to pay for trademark services, the USPTO offers free options. The Trademark Assistance Center (TAC) provides support for trademark-related questions, while the USPTO website has comprehensive resources, guides, and FAQs to assist applicants.

🔎 Factors to Compare When Choosing Trademark Services

  • 📊 Compare Trustpilot ratings and review counts.
  • 💬 Look for feedback on customer service and communication.
  • 💵 Evaluate pricing structures and any additional fees.
  • 📝 Assess the range of services offered, such as filing or maintaining trademarks.
  • 📅 Consider turnaround times and processing efficiency.

❓ Frequently Asked Questions

🤔 What should I do if my trademark application is rejected?

If your application is rejected, you can respond to the office action within three months. You may also appeal the decision, but this can be a lengthy process.

🕒 How long does it take to process a trademark application?

As of October 1, 2026, the average processing time is 10.4 months from filing to registration or abandonment.

📜 What documents do I need to file a trademark application?

You will need to provide a clear description of the goods or services associated with your trademark. This includes identifying the specific classes of goods or services.

🔄 Can I change the trademark after filing?

Yes, you can amend your application, but this may incur additional fees. It's best to ensure all information is accurate before submission to avoid complications.

🏛️ How do I maintain my trademark registration?

To keep your trademark registration active, you must file maintenance documents regularly, including declarations of use and renewals at specified intervals.

🏷️ What is an "intent-to-use" application?

An "intent-to-use" application is for applicants who plan to use the trademark in commerce soon but are not currently using it. This application type requires a bona fide intention to use the trademark.

⚖️ Recent Cases Related to Trademark Law

Several recent court rulings have provided important insights into trademark law and how the Lanham Act is applied. These cases can offer guidance on how trademarks are enforced and protected in the United States.

For additional insights, feel free to browse more rulings on the news page.

End of October 2026 Update





The Lanham Act of 1946, also commonly referred to as the Trademark Act, is the federal legislation in place that controls and regulates trademark laws in the United States. Though several changes or amendments have been to accommodate the evolution of commercialism, technology, and marketing, the legislation still serves as the core fundamentals behind federal trademark laws in the U.S. The Lanham Act was passed into Congress on July 5th, 1946, and signed into federal law by President Harry Truman. 

The Lanham Act did not actually take effect until one year later, on July 5th, 1947. The Act took its name from a Congress Representative named Fritz G. Lanham from the state of Texas, who devoted his career to securing a federal trademark law. Trademark laws founded under the Lanham Act include provisions regarding the trademark application process, trademark registration, trademark infringement, and most recently, provisions regarding cyberpiracy and cybersquatting. 

Before the Lanham Act of 1946 was passed into legislation, trademark law was governed at the state level, using the concept of Common Law for the recognition and basic protection of trademarks. Common law would give trademark rights upon the actual use of such a mark for commercial purposes, and its rights would be ensured upon the trademark's recognition as a brand name. However, as it still remains today, common law was only responsible for governing trademark issues at the state level; meaning, a trademark could be used in another state without being found as trademark infringement. 

A Guide to the Lanham Act of 1946

Though federal trademark laws were not as cohesive or extensive as covered by the Lanham Act, they were in effect as far back as the late 19th century. The irony stands that trademarks themselves can be dated back Medieval England, with swordsmiths providing for specific marks to signify authorship of their swords. Yet, federal legislation in the United States concerning trademarks is not evident until after the Civil War. 

Rapid evolution of commerce due to Reconstruction prompted for extra provisions to be considered to prevent trademark infringement due to the availability of new products and consumer goods. The first body of legislation at the federal level governing trademark law was passed in 1870. Most of these laws used the patent and copyright clauses provided by the Constitution as their model, but they were soon rejected by the Supreme Court in The Trade-Mark CasesTrademark Act of 1881     

     The Principal Register

     The Supplemental Register

     General Provisions

     The Madrid Protocol

The first section provides for the rights and protections of trademarks under federal registration statutes. It provides for the basic requirements for eligibility for trademark registration, and a description of the application and registration process. The second provides for a different type of registration, dealing mostly for trademarks that were not considered eligible, but such eligibility may change in the future. 

This type of registration provides for some protection in the event that such a trademark can be properly registered. The third section contains all of the restrictions concerning trademarks, namely trademark infringement and the possible scenarios or occurrences of such circumstances. Section four deals with provisions made under international trademark considerations with implications upon United States trademark law.