📅 2026 Update: Recent Developments in Trademark Law

Since the original article was published, important updates have occurred in U.S. trademark law. These changes affect how trademarks are registered, processed, and protected. The information below highlights the most significant developments that relate to trademark dilution and the overall trademark process.

The earlier article continues further down the page.

📄 Updates to the Trademark Manual of Examining Procedure

In May 2026, the USPTO released an updated version of the Trademark Manual of Examining Procedure (TMEP). This update includes precedential decisions issued between November 2025 and February 2026. It also clarifies existing procedures for trademark registration.

These adjustments help streamline the trademark process and maintain consistency in evaluations.

📈 Changes in Application Processing Times

The USPTO has improved its efficiency in processing trademark applications. In fiscal year 2025, the time for first actions was reduced by 25%. In the first half of fiscal year 2026, it decreased by an additional 20%, bringing the average down from 5.6 months to 4.45 months.

The overall processing time for applications now stands at about 10.03 months, down from 11.7 months in the previous fiscal year.

💵 Current Trademark Application Fees

As of October 2026, the USPTO charges a non-refundable application fee for filing a trademark application. The fee varies based on the filing method and the number of classes involved. For specific fee details, applicants should refer to the USPTO's official fee schedule.

🌍 Transition to the Madrid e-Filing System

In July 2026, the USPTO announced a transition for international trademark filings. Outbound filings will move from the Trademark Electronic Application System (TEAS) to the Madrid e-Filing system. This shift aims to provide a more efficient way for applicants to file international trademark applications.

📌 Key Points Summary

  • TMEP Update released in May 2026 clarifies registration procedures.
  • Processing times for first actions have improved significantly.
  • Current fees depend on filing method and number of classes.
  • The Madrid e-Filing system will streamline international applications.
  • Filing as soon as possible is encouraged to establish priority.

💡 Tips for Navigating Trademark Registration

Reviewing the details of your situation with your attorney is essential.

📃 Understand the Application Process

To register a trademark, applicants must complete an application form. This includes details about the mark and the goods or services it represents. A specimen showing the mark's use in commerce is also required.

📅 File Early

There are no specific deadlines for filing a trademark application. However, it is advisable to file as soon as possible to establish priority over other users. Early filing can help protect your brand more effectively.

🏷️ Know the Famous Marks Definition

Under the Trademark Dilution Revision Act of 2006, a mark is deemed famous if recognized by the general public as a source of goods or services. This recognition plays a key role in protecting trademarks from dilution.

🤝 Use USPTO Resources

The USPTO offers free resources such as guides, webinars, and customer service to help applicants navigate the trademark process. These resources can provide valuable information and support.

🕒 Monitor Processing Times

Keep track of application processing times, which have improved in recent years. The USPTO aims to achieve four months for first actions and nine months for disposals by fiscal year 2028.

🏆 Trademark Services Ranked by User Reviews (2026)

The services listed below offer various legal and trademark-related assistance. They are evaluated based on user feedback from Trustpilot as of October 2026. Ratings can change over time, and customer experiences may vary, so it’s important to consider multiple factors when choosing a service.

🥇 1. Rocket Lawyer

Rocket Lawyer has been rated 4.5. It is known for providing legal document services, legal advice, and business formation support. However, some users have found the subscription model costly for those who do not use the service frequently.

🥈 2. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. This service specializes in legal services, business formation, and intellectual property protection. While many users appreciate the variety of services, some report delays in customer service response times.

🆓 USPTO Resources

The USPTO offers free resources such as guides, webinars, and customer service. These resources are designed to assist applicants in understanding the trademark process, making it easier for individuals and businesses to navigate trademark registration and protection.

🔎 Compare These Services

  • ⭐️ Trustpilot scores
  • 📝 Range of services offered
  • 📞 Customer service response times
  • 💰 Cost structures and fees
  • 📅 Processing times for applications

❓ Frequently Asked Questions

❓ What is trademark dilution?

Trademark dilution refers to the weakening of a famous mark's distinctiveness. This can happen even without consumer confusion, affecting the reputation of the mark.

🕵️ How can I prove dilution of my trademark?

To prove dilution, you need to show that your mark is famous and that the defendant's use is likely to cause dilution by blurring or tarnishment. Factors like similarity between marks and the defendant's intent are considered.

📅 What are the processing times for trademark applications?

As of the first half of fiscal year 2026, first action pendency is about 4.45 months. The total processing time for applications is currently approximately 10.03 months.

💵 What are the current fees for trademark applications?

The USPTO charges a non-refundable application fee for filing a trademark application. The exact fee depends on the filing method and the number of classes involved.

📜 What resources does the USPTO provide for applicants?

The USPTO offers free resources like guides, webinars, and customer service to assist applicants in understanding the trademark process. These can help clarify the steps needed for successful registration.

🔍 What is the famous marks definition under the Trademark Dilution Revision Act?

A mark is considered famous under the Act if it is widely recognized by the general public in the U.S. as a source of goods or services for the mark's owner.

⚖️ Recent Court Cases

Recent court rulings have impacted trademark law, particularly concerning dilution and brand protection. Understanding these rulings can provide insight into how courts interpret trademark dilution claims.

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

End of October 2026 Update





The Trademark Dilution Revision Act of 2006 has its roots in the original Dilution Act of 1995, which was the first attempt to regulate trademark dilution at the federal level. However, the implementation of the new Revision Act was most likely out of the direct result of the Mosely v. V Secret Catalogue, Inc. case. The basic issue concerning this dispute of dilution is that there was an adult store in Kentucky named "Victor's Secret," which the chain of lingerie stores known as Victoria's Secret considered the use of that name as infringement of their own famous or widely recognizable name. 

As a result, the owners of the adult shop changed the name to "Victor's Little Secret," after a formal cease and desists letter was presented to the owners. Victoria Secret's owners were not satisfied with the change, and decided to proceed by filing suit claiming infringement of the brand name, as well as dilution by both tarnishing its reputation and blurring the trademark's distinctiveness. Dilution by tarnishing is defined as the use of a mark that is similar to a famous mark that has the potential of associating disreputable or harming connotations to the original widely-recognized trademark. 

Trademark dilution by blurring, or otherwise known as basic dilution, is described as any mark that may potentially disassociate a famous mark from its established marketed products to other types of products or goods not associated with the famous mark. In the Victoria Secret case, tarnishing was applied in the terms that the adult shop's name would negatively affect the reputation of the famous lingerie maker by associating with a less reputable store selling adult gifts and novelties. 

Trademark Dilution Revision Act of 2006

The courts ruled that actual proof of dilution was needed as per trademark law, rather than the likelihood or propensity for dilution. Since Victoria's Secret could not appropriately provide such proof, the "Victor's Little Secret" owners prevailed in the case. However, the confusion over actual proof or the possibility for dilution still left many unsure as to the actual legislation.

Shortly after, the Trademark Dilution Revision Act was implemented, which amended some of the prior legislation of the Dilution Act of 1995         



Section I



    Short Title



  Simply provides for acceptable citations in abbreviated or curtailed forms of the act.

Section II



    Dilution by Blurring; Dilution by Tarnishment



  Provides for definitions of trademark dilution by blurring and trademark dilution by tarnishment

  Provides for applicable legislative action due to such types of trademark dilution

  Provides for exclusions to certain situations or circumstances where trademark dilution will not apply

  Provides for additional remedies entitled beyond injunctive relief

  The barring of trademarks registered under certain trademark laws of bringing certain types of lawsuits against them

Section III

    Conforming Amendments