The Content of a Trademark Application
π 2026 Update: Changes in Trademark Application Processes
Since the original article about trademark applications was published, there have been significant updates to the process and requirements. These changes affect how applicants file their trademarks and manage their applications. The earlier article continues further down the page for more foundational information.
π Transition to Trademark Center
On January 18, 2025, the USPTO replaced the Trademark Electronic Application System (TEAS) with the Trademark Center. This new platform is where applicants now file new trademark applications and manage related tasks. The shift aims to streamline the application process and improve user experience.
π Retirement of Certain Forms
As of late October 2026, the USPTO has retired the Voluntary Amendment form along with other commonly used maintenance and renewal forms from TEAS. These forms must now be submitted through the Trademark Center, which may affect how applicants manage existing trademarks.
π Madrid Protocol Filing Changes
Effective October 1, 2026, the USPTO stopped accepting outbound Madrid Protocol applications through TEAS. Instead, applicants need to use WIPOβs Madrid e-Filing system for international trademark applications based on U.S. registrations. This change emphasizes the need for applicants to stay updated on international filing procedures.
β³ Processing Times
The average time from filing a new trademark application to the first examining action is currently 4.3 months. The target wait time remains 5.0 months. Overall, the time from filing to registration or abandonment averages 10.4 months, with a target of 11.0 months.
These timelines are important for applicants to consider when planning their trademark strategies.
π Key Updates
- π Trademark Center now handles all filings and tracking.
- π Certain forms are no longer available in TEAS.
- π Madrid Protocol applications must go through WIPO.
- β³ Average wait times for trademark applications have been updated.
π‘ Tips for Filing a Trademark Application
Review the specifics of your situation with your attorney to ensure you're following the best path for your trademark application.
π Use the Trademark Center
All new trademark applications should be filed through the Trademark Center. This platform simplifies the process and allows for better tracking of application status.
π Ensure Identity Verification
To access the Trademark Center, you need a USPTO.gov account with multifactor authentication. This step is crucial for protecting your application and personal information.
β° Meet Deadlines
Respond to any office action within three months of the issue date. If more time is needed, you can request a three-month extension for a fee.
π File SOUs Promptly
For intent-to-use applications, you have six months from the notice of allowance to file a Statement of Use (SOU) or request an extension. Timely filing is essential to maintain your application status.
π Use Available Resources
The USPTO provides guides and videos to help applicants understand the trademark process. Take advantage of these resources or contact the Trademark Assistance Center for support.
π Trademark Services Ranked by User Reviews (2026)
This section covers services that assist with trademark applications and related processes. The rankings are based on Trustpilot data checked in October 2026. Ratings can fluctuate, and unhappy customers often post more reviews, so consider a variety of factors when evaluating these services.
π₯ 1. LegalZoom
LegalZoom has been rated 4.6. This service is known for offering comprehensive legal services, making it useful for trademark applications. However, some users report delays and higher pricing compared to competitors, which may affect the experience.
π₯ 2. Rocket Lawyer
Rocket Lawyer holds a 4.5 rating. It is recognized for providing affordable legal services and easy-to-use document creation. Some users find the subscription model complex, so it may not suit everyoneβs needs.
π Free USPTO Resources
The USPTO offers various free resources to assist applicants. These include guides, videos, and access to the Trademark Assistance Center. These options can help clarify the trademark application process without incurring additional costs.
π Considerations for Choosing a Trademark Service
- π° Compare pricing structures.
- π Check for user-friendly interfaces.
- β³ Review processing times.
- π€ Assess the range of services offered.
- π Look at customer feedback and ratings.
β Frequently Asked Questions
β What is the Trademark Center?
The Trademark Center is the new platform used by the USPTO to file trademark applications and manage related tasks as of January 18, 2025.
ποΈ How long does it take to get a trademark?
The average processing time from filing a trademark application to receiving the first examining action is 4.3 months.
π What is a Statement of Use?
A Statement of Use (SOU) is a document that must be filed to show that a trademark is being used in commerce. For intent-to-use applications, it must be submitted within six months of receiving a notice of allowance.
π‘ Are attorneys required for U.S. applicants?
U.S.-domiciled applicants are not required to have an attorney. However, foreign-domiciled applicants must have an attorney licensed to practice in the United States.
π What resources does the USPTO provide?
The USPTO offers guides, videos, and access to the Trademark Assistance Center to help applicants navigate the trademark application process.
β° What happens if I miss an office action deadline?
If you do not respond to an office action within three months, your application may be abandoned. You can request an optional three-month extension for a fee.
βοΈ Recent Trademark Cases
Recent court rulings provide insights into how trademark law is applied and interpreted. These rulings connect to the processes and requirements detailed in this article.
- Court rules tribal immunity does not apply in trademark caseTrademark Trial and Appeal Board Β· September 18, 2026
- New York attorney publicly censured for misconduct in trademark casesAppellate Division of the Supreme Court of the State of New York Β· August 13, 2026
- 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
For more information, you can browse more rulings on the news page.
End of October 2026 Update
When making trademark applications for registration under the United States Patent and Trademark Office
Another component of a standard trademark application is a description of the goods and/or services which the trademark will be used in conjunction with. These should be expressed in language accessible to the layperson, as opposed to more specialized terms used only in that particular field. Yet, it should still be specific in its description.
A trademark application must also express to the USPTO the ability of the applicant to make use of the image. This may be accomplished by either specifying that the trademark is currently in use, or that there is an intent to use.Various fees are incurred when creating a trademark application. The basic fee for submitting the actual trademark application may amount to either $275, $325, or $375. In the first two cases of trademark applications of varying classes being submitted through the online Trademark Electronic Application System, and the latter in instances in which a paper document is filed. Other fees are likely to be incurred at a later stage of the process.