📅 2026 Update: Changes in U.S. Trademark Law

Since the original article was written, significant updates have occurred in U.S. trademark law. The Trademark Modernization Act (TMA) of 2024 has introduced new procedures that impact the way trademarks are registered and processed. These changes aim to streamline the overall trademark application process.

Further down, the article continues with detailed information about types of passing off. Here, we focus on the changes that affect trademark registration and protection.

📜 Trademark Modernization Act (TMA) of 2024

The TMA was enacted on December 27, 2024. It introduced an expedited examination procedure for trademark applications. This aims to help applicants receive faster responses from the USPTO.

  • 🔍 Streamlined Process: The new procedures are designed to reduce backlogs and improve efficiency.
  • ⏱️ Faster Decisions: Applicants may now experience quicker turnaround times on their applications.

💰 USPTO Fee Schedule Update

Starting January 1, 2025, the USPTO increased application fees by 10%. This change is part of an effort to enhance the examination processes.

  • 💵 TEAS Plus Fee: The fee for a TEAS Plus application is now $250 per class.
  • 💼 TEAS Standard Fee: The TEAS Standard application fee has increased to $350 per class.

📲 Electronic Filing Requirement

As of March 2025, the USPTO requires all trademark applications to be filed electronically. This is intended to improve processing times and efficiency.

  • 📧 Mandatory Electronic Submissions: All applicants must use the TEAS system for their filings.

⏳ Updated Processing Times

The USPTO aims to complete the initial examination of trademark applications within about 3 to 4 months from the filing date. The overall trademark registration process typically takes around 8 to 12 months.

  • 📅 Initial Examination: Expect a review within a few months after submission.
  • 📈 Total Timeline: The length of the entire process can vary based on application complexity.

📌 Key Points to Remember

  • 🏛️ The TMA of 2024 streamlines the trademark application process.
  • 💰 Application fees have increased by 10% as of January 1, 2025.
  • 📲 Electronic filing is now mandatory for all applications.
  • ⏳ Initial examinations are expected within 3 to 4 months.

💡 Tips for Navigating Trademark Registration

It is important to go over the details of your own situation with an attorney.

🔍 Conducting a Trademark Search

Before filing, ensure your mark is unique. Use the USPTO's Trademark Electronic Search System (TESS) to check for existing trademarks.

📝 Choosing Between TEAS Plus and TEAS Standard

Decide which application method suits your needs best. TEAS Plus has a lower fee but requires more upfront information, while TEAS Standard allows more flexibility.

⏱️ Understanding Processing Times

Be aware that the overall trademark registration can take 8 to 12 months. Planning your application timeline accordingly can help you manage expectations.

📅 Filing Deadlines

For intent-to-use applications, remember that a Statement of Use must be filed within 6 months after receiving a Notice of Allowance. You can extend this for up to 5 additional periods.

📞 Utilizing Free Resources

Take advantage of free resources from the USPTO and the Small Business Administration. These can provide valuable guidance during the application process.

🏆 Ranked by User Reviews (2026)

This section highlights services that assist with trademark registration and related processes. The rankings are based on Trustpilot data as of October 2026. Ratings can change, and it’s important to consider both positive and negative feedback.

🥇 1. Bizee

Bizee has received a Trustpilot score of 4.8. It is known for providing business formation services and registered agent services. Reviewers appreciate its user-friendly interface and efficient service.

However, it's important to note that Bizee is not a law firm and cannot provide legal advice. This may limit its ability to address complex trademark issues.

🥈 2. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. It is recognized for its trademark registration services and legal document preparation. Many users find its platform straightforward and helpful for navigating trademark applications.

Some reviewers have reported delays and communication issues, which potential clients may want to consider. Despite this, LegalZoom remains a popular choice for trademark services.

🥉 3. Rocket Lawyer

Rocket Lawyer has a Trustpilot score of 4.5. This service is known for offering online legal services and document creation. Users often highlight its easy-to-use platform and the variety of legal resources available.

It operates on a subscription model, which may not suit everyone. Users should weigh this against their specific trademark needs.

🆓 Free Trademark Assistance Options

The USPTO provides free trademark assistance through its Trademark Assistance Center. Additionally, the Small Business Administration offers resources for small businesses. Nonprofit organizations like the Volunteer Lawyers for the Arts also provide pro bono legal assistance in trademark matters.

🔎 Comparing Trademark Services

  • 🏷️ Service Fees: Look at the costs associated with each service.
  • ⏳ Processing Times: Check how quickly each service can handle applications.
  • 📞 Customer Support: Consider the availability and quality of support.
  • 📋 User Reviews: Read both positive and negative reviews to gauge overall satisfaction.

❓ Frequently Asked Questions

❓ What is the Trademark Modernization Act?

The Trademark Modernization Act, enacted in 2024, introduced reforms to streamline the trademark application process and established an expedited examination procedure.

🕒 How long does it take to register a trademark?

The entire trademark registration process typically takes about 8 to 12 months. The USPTO aims to complete initial examinations within 3 to 4 months after filing.

💼 What are the fees for filing a trademark application?

As of October 2026, the fee for a TEAS Plus application is $250, while the TEAS Standard application fee is $350 per class of goods or services.

📑 What is a Statement of Use?

A Statement of Use is a document that must be filed for intent-to-use applications, confirming that the trademark is being used in commerce. It requires a fee of $100 per class.

🔍 How can I search for existing trademarks?

You can conduct a trademark search using the USPTO's Trademark Electronic Search System (TESS). This helps ensure that your mark is unique and not already in use.

📞 Where can I find free trademark assistance?

Free assistance is available through the USPTO's Trademark Assistance Center and the Small Business Administration. Nonprofit organizations also offer pro bono legal help for trademark matters.

⚖️ Recent Trademark Cases

Recent court rulings have highlighted the importance of trademark protection and the legal standards for passing off. These cases often involve claims of unfair competition and consumer confusion.

For more recent rulings, you can browse more rulings on the news page.

End of October 2026 Update





Trademark cases in which an act of passing off has occurred can generally be identified in reference to the common elements, referred to under English law as the classic trinity These comprise the reputation of the defendant for delivering a particular kind of good or service, an act of misrepresentation by the plaintiff, and the exacting of some degree of damages to the defendant's reputation in business as a result of the misrepresentation. 

The kinds of instances of trademark complaints which come under the heading of passing off law may include the extended form of passing off, one known form of which comprises the so-called personality rights of celebrities. There is also the concept of reverse passing off, in which the reverse in question is that of the common stipulation that passing off occurred through the defendant misrepresenting her or his products as those of the plaintiff.

In cases of extended passing off law, damage can be shown to have actually occurred to the business fortunes of the aggrieved party. Such a detrimental effect to an individual's level of business fortune occurs through the loss of "goodwill," the term generally used under law, which is claimed to have been enjoyed by the plaintiff. Extended passing off law is often associated with personality rights, a legal tool for celebrities to defend the use of their name and reputation for licensing and other commercial purposes. 

Types of Passing Off

The usefulness of putting passing off law to the purpose of protecting personality rights, is that it refers to the implied or stated misrepresentation that the celebrity has endorsed the use of his or her image or name by the defendant, as opposed to a mere claim that the use of the image or name was simply unauthorized.

Reverse passing off is held by authorities on passing off law to be less common than the other forms. It occurs when the defendant identifies himself or herself as being the source for a good or service created by the plaintiff. Such passing off cases often occur in the instance of vendors selling another group or individual's goods, and representing themselves as having also been the creators. There are two different degrees of severity which may be found in cases of reverse passing off. 

The less severe instance occurs when the defendant is accused of taking off the means through which a product is traced back to its source. Express reverse passing off occurs when the defendant takes off the mark on a product, and then puts on one identified with him or her, which is considered an aggravating factor. 

Ambiguity has been found to exist when the defendant has purchased the goods or services in question from the plaintiff. In this case, the defendant might claim to have entitlement to alter the advertising marks used on the product, especially if that purchase is found to have been the primary purpose for the trademarks.