Amendment of Trademark Application
π 2026 Update: Key Changes in Trademark Applications
Since the original article was written, several important updates have occurred in the trademark application process. The USPTO implemented the Trademark Center in January 2025, which has changed how applicants file new trademarks. This section will highlight the major changes that impact trademark registration and amendments.
π Transition to Trademark Center
As of January 18, 2025, the USPTO replaced the Trademark Electronic Application System (TEAS) with the Trademark Center. This center is now the primary platform for filing new applications and managing related tasks. Applicants must create a USPTO.gov account with multifactor authentication to access the services.
π Retired Forms
In late October 2026, the USPTO retired several forms, including the Voluntary Amendment form and various maintenance and renewal forms. These forms are now submitted exclusively through the Trademark Center. This change helps streamline the process but may require users to familiarize themselves with the new system.
π Madrid Protocol Filing Changes
Starting October 1, 2026, the USPTO no longer accepts outbound Madrid Protocol applications through TEAS. Applicants must now use the WIPOβs Madrid e-Filing system for international trademark applications. This shift aims to enhance the efficiency of international trademark registration.
β³ Processing Times
The average processing time for new trademark applications has remained relatively stable. The wait for the first examining action is about 4.3 months, with a target of 5.0 months. From filing to either registration or abandonment, the average time is 10.4 months, targeting 11.0 months.
π Summary of Key Updates
- π Transitioned to Trademark Center for applications.
- π Retired certain forms previously available in TEAS.
- π Madrid Protocol applications now require WIPOβs system.
- β³ Average processing times are about 4.3 months for the first action.
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π‘ Tips for Navigating Trademark Applications
It is important to review your specific situation with an attorney to ensure you follow the correct steps in the trademark process.
π Understand Filing Basis
Filing a trademark can be based on actual use in commerce or a bona fide intention to use the mark. Knowing the right basis can help streamline your application process and reduce delays.
π Respond Promptly to Office Actions
If you receive an office action from the USPTO, you have three months to respond. Failing to do so may lead to abandonment of your application. You can request an optional three-month extension for a fee.
πΌοΈ Prepare Clear Trademark Drawings
A clear drawing of the trademark is required in your application. Ensure that the drawing accurately represents your mark to avoid issues during the examination process.
π Utilize Trademark Center Resources
The Trademark Center offers tools for submitting applications and tracking their status. Familiarizing yourself with these tools can help you navigate the application process more easily.
π Access USPTO Resources
The USPTO provides various guides and videos to assist applicants. Utilizing these resources can clarify the trademark application process and answer common questions.
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π Ranked by User Reviews (2026)
This section presents services related to trademark applications, evaluated based on user feedback. These services can assist in areas such as filing, maintenance, and legal support. Rankings are based on Trustpilot data as of October 2026, and star ratings may vary as more reviews come in.
π₯ 1. Rocket Lawyer
Rocket Lawyer holds a Trustpilot score of 4.5. It has been known for offering affordable legal services along with easy-to-use document creation tools. However, some users find the subscription model may not suit everyone, and the platform can be complex to navigate for first-time users.
π₯ 2. LegalZoom
LegalZoom has a Trustpilot score of 4.6. It is recognized for providing comprehensive legal services and a user-friendly platform. Some reviewers have reported delays in service, and its pricing can be higher compared to other options.
π Free USPTO Resources
The USPTO offers free resources, including guides and videos, to help applicants understand the trademark application process. Additionally, the Trademark Assistance Center provides support for questions related to filing and application status.
π Considerations When Choosing a Service
- π·οΈ Compare service fees and pricing structures.
- π Evaluate user ratings and feedback for reliability.
- π Check availability of customer support and resources.
- ποΈ Look at processing times and efficiency.
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β Frequently Asked Questions
π€ What is the Trademark Center?
The Trademark Center is the platform used for filing new trademark applications and managing related tasks. It replaced the TEAS system in January 2025.
π What forms have been retired?
In late October 2026, the USPTO retired the Voluntary Amendment form and some maintenance and renewal forms. These filings now go through the Trademark Center.
β±οΈ How long does the trademark application process take?
The average time from filing a new trademark application to the first examining action is approximately 4.3 months. The total time until registration or abandonment averages 10.4 months.
π What should I do if I receive an Office Action?
Respond to an office action within three months of the issue date to avoid abandonment. You can also request a three-month extension for a fee.
π What is a Statement of Use (SOU)?
A Statement of Use is required for intent-to-use applications and must be filed within six months from the notice of allowance. You can request an extension if needed.
π οΈ What resources does the USPTO provide?
The USPTO offers various resources, including guides, videos, and access to the Trademark Assistance Center, to help applicants through the trademark application process.
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βοΈ Recent Cases Impacting Trademark Applications
Recent court rulings have addressed various aspects of trademark law, influencing how applications and amendments are processed. These rulings can affect trademark rights and branding strategies.
- Court Affirms Judgment in Nelson v. MillerKnoll Trademark CaseCourt of Appeals for the Sixth Circuit Β· July 7, 2026
- Court Reverses Trademark Ruling in Cheerleading DisputeCourt of Appeals for the Eleventh Circuit Β· June 24, 2026
- 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
For more recent rulings, you can browse more rulings on the news page.
End of October 2026 Update
In the process of filing trademark applications, an important factor in gaining final approval is demonstrating to the United States Patent and Trademark Office
The purpose of publication of a trademark being considered for registration in the Official Gazette is to allow potential objections, such as claims of a lack of originality in the trademark, to be made and considered by the USPTO. Thirty days are allowed for such complaints to be aired. After that time, the Office will issue a Notice of Allowance. This document gives approval to the content of the trademark as original and otherwise permissible but does not allow for its final registration under law as a proprietary means for commerce.
For trademark applications to receive final approval under law, they must be used in the six months after the granting of the Notice of Allowance. After it has been used, the application may submit a Statement of Use, as with the Amendment to Allege use for a fee of $100.
The period which intervenes between the publication and Notice of Allowance is a black-out period, during which the USPTO will not accept any other documents for trademark applications. After the Notice of Allowance, Extension Requests can be granted upon consideration for a total of five times, each comprising six months and each costing $150 according to the class of the good or service described by the trademark.