📅 2026 Update: Recent Changes in Trademark Law

Since the original article was written, there have been important updates in the trademark registration process. These changes impact fees, application processes, and more. The earlier article continues further down the page, providing a foundation for understanding trademark law.

💰 Fee Structure Overhaul

In January 2025, the USPTO made significant changes to its fee structure. The previous two-tier system was replaced with a single base application fee of $350 per class for electronic filings. This change aims to simplify the application process and reduce costs for applicants.

📝 Application Filing Process

Trademark applications can now be easily filed electronically through the USPTO's Trademark Center. This method streamlines the process, allowing for quicker submissions and reviews. After filing, each application is assigned to a trademark examining attorney for compliance checks.

⏳ Processing Times

As of October 1, 2026, the average wait time for a first examining action is about 4.3 months from filing. The overall process from filing to registration or abandonment takes an average of 10.4 months. This timeframe provides applicants with a clearer expectation for their trademark registration journey.

📜 Maintenance Fees

To keep a trademark registration active, trademark owners must file maintenance documents and pay fees at specified intervals. For instance, a Five-Year Declaration costs $325 per class, while a Ten-Year Renewal costs $650 per class. These fees are essential for maintaining trademark rights.

📌 Key Updates Summary

  • 💵 Base application fee is now $350 per class.
  • 🗂️ Applications can be filed electronically through the USPTO's Trademark Center.
  • ⏳ Average wait for first action is 4.3 months.
  • 📄 Maintenance fees are required at five- and ten-year intervals.

💡 Tips for Trademark Registration

Review your specific situation with your attorney to ensure you meet all requirements.

📄 Understand Application Types

Know the difference between actual use and intent to use applications. Your choice affects the filing process and future obligations.

⏰ Keep Track of Deadlines

For intent-to-use applications, file a Statement of Use within six months of the Notice of Allowance. You can request extensions to meet this requirement.

📅 Plan for Maintenance Declarations

Prepare to file a Section 8 Declaration between the fifth and sixth year after registration. Missing this deadline can jeopardize your trademark rights.

💡 Utilize Free Resources

Consider the Law School Clinic Certification Program for affordable help. Law students can assist with IP law under supervision, offering valuable support without high fees.

🏷️ Choose the Right Attorney

If you need professional help, look for an attorney who is an active member in good standing with a U.S. state bar. This ensures they are qualified to represent you before the USPTO.

🏆 Trademark Services Ranked by User Reviews (2026)

The following services are highlighted for their relevance to trademark law and registration. They were ranked based on Trustpilot data checked in October 2026. Remember, scores can change, and ratings only provide one view, as unhappy customers often leave more reviews.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is known for its business formation and intellectual property services. Users appreciate the convenience of its platform, but some report delays and communication issues that could affect the trademark process.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a 4.5 rating. This service offers legal document creation and legal advice. While many users find its resources helpful, the subscription model may not suit everyone, especially those seeking single-use services.

🥉 3. Bizee

Bizee averages 4.8. It is recognized for its business formation and registered agent services. However, since it is not a law firm, it cannot provide legal advice, which is essential for trademark registration.

🆓 Free Help Options

The Law School Clinic Certification Program allows law students to practice trademark law under professional supervision. Many state bar associations also offer attorney referral services to help you find qualified trademark attorneys.

🔎 Comparing Trademark Services

  • 🧭 Trustpilot scores to gauge user satisfaction.
  • 💼 Service offerings related to trademark registration.
  • 💬 Customer reviews for insights into service reliability.
  • 📅 Turnaround times for application processing and support.

❓ Frequently Asked Questions

❓ What is the average cost of maintaining a trademark?

Maintaining a trademark involves filing various fees, such as a Five-Year Declaration for $325 per class and a Ten-Year Renewal for $650 per class.

📈 How long does the examination process take?

As of October 1, 2026, the average wait time for the first examining action is about 4.3 months, while the complete process takes around 10.4 months from filing.

🏷️ Can foreign applicants file trademarks in the U.S.?

Foreign-domiciled applicants must have a U.S.-licensed attorney represent them in trademark matters before the USPTO.

📜 What happens if I miss a maintenance deadline?

Missing a maintenance deadline can result in the cancellation of your trademark registration. It's crucial to keep track of all filing requirements.

🔍 Where can I find a trademark attorney?

The USPTO does not maintain a list of trademark attorneys. You can consult local bar associations or online directories for assistance in finding qualified legal help.

🛡️ What should I do if I suspect trademark infringement?

If you suspect someone is infringing on your trademark, document the evidence and consult a trademark attorney for guidance on the next steps.

⚖️ Recent Trademark Cases

There have been recent court rulings that impact trademark law and registration processes. These cases provide insights into how trademarks are interpreted and enforced in various contexts.

For more information, please check more rulings on the news page.

End of October 2026 Update





Trademarks are provided under United States law for the purpose of allowing consumers to recognize the source of a commercial service and any associated level of quality. To a lesser degree, the law is also intended to allow the individuals and businesses offering these services to gain recognition for whatever level of skill they manifest in their business. 

Trademark lawyers in the American legal system are trained and certified for the purpose of allowing hopeful trademark applicants to navigate the procedures allowed for this procedure and later, if called upon to do so, to help them answer or mount any legal challenges for the protection of trademark rights as may be required.

In this regard, the government agency which a trained trademark attorney must deal and possibly contend with is that of the United States Trademark and Patent Office (USPTO). The agency encourages and in some events may even require the use of a trademark lawyer for the initial proceedings of registration. If an applicant attempting to dispense with trademark attorney services proves incapable of acting independently, the USPTO may require the hiring of a trademark lawyer.

What Does a Trademark Attorney Do?

Prospective trademark attorney clients or practitioners should be aware that trademarks are not, strictly speaking, required under United States law, and in that sense neither are the services as can be provided through trademark lawyers. That is to say, the USPTO does not need to sign off on every symbol and phrase which is used for the purposes of public advertisement in the United States economy. 

The procedures which trademark lawyers are trained in are intended, rather, to establish legal protection for a trademark which has been used by a business. In this sense, trademark registration does not confer rights of usage but rather those of preventing others from doing so, as trademark attorneys can accomplish in courts of law.

The main legislative reference point for trademark attorneys can be found in Chapter 3 of Title 15 of the United States Code, the nation's comprehensive collection of Federal statutes. For the practical purpose of implementing these stipulations, a trademark attorney can provide to Chapter 1 of Title 17 C.F.R. of the Federal Regulations for Trademarks. 

More specific references to specific requirements that should also be known to trademark attorneys are the Trademark Acceptable Identification of Goods and Service Manual and the Design Search Code Manual. By reference to these guides, trademark attorneys can ensure that a trademark is truly unique Applicants can also have trademark lawyers assist in procedures like the presentation of "specimens" and "drawings." 

The application time-frame differs according to whether the applicant chooses to claim either a Statement of Use or an Amendment to Allege Use, another decision a trademark lawyer can help them make. A trademark lawyer should also be able to remind holders of the requirement for renewal every ten years.

The USPTO is not allowed to directly put applicants in touch with a trademark lawyer. The USPTO instead maintains a trademark attorney listing on its website specifying which trademark lawyers are found acceptable by the agency.