📅 2026 Update: Recent Changes in Trademark Law

Since the original article was published, there have been several important updates in U.S. trademark law. These changes include updates to procedures, fees, processing times, and available resources. The information below highlights the most relevant updates since the earlier article continues further down the page.

📝 Trademark Manual Update

In May 2026, the USPTO released an updated version of the Trademark Manual of Examining Procedure (TMEP). This update includes precedential decisions made between November 2025 and February 28, 2026. It also clarifies existing procedures to improve the application process.

📅 Processing Times Reduced

The USPTO has made progress in reducing the time it takes to process trademark applications. In fiscal year 2025, the first action pendency was reduced by 25%. By the first half of fiscal year 2026, it decreased further by 20%, bringing the average down from 5.6 months to 4.45 months.

💰 Current Trademark Fees

As of October 2026, the USPTO charges a non-refundable application fee for trademark applications. The cost varies based on the method of filing and the number of classes included in the application. For the most accurate cost, applicants should refer to the USPTO's official fee schedule.

🌐 Madrid e-Filing Transition

In July 2026, the USPTO announced a shift for international trademark filings. The transition from the Trademark Electronic Application System (TEAS) to the Madrid e-Filing system aims to streamline the process for filing international trademark applications.

📌 Key Points

  • TMEP Update: New guidelines released in May 2026.
  • Faster Processing: Reduction in application processing times.
  • Application Fees: Non-refundable fees vary by filing method.
  • International Filings: Transition to the Madrid e-Filing system for efficiency.

💡 Tips for Navigating Trademark Registration

Review the details of your own situation with your attorney.

📄 Understand the Application Process

To register a trademark, you must submit a completed application form to the USPTO. This includes details about the mark, the goods or services it represents, and a specimen showing the mark's commercial use.

⏰ File Early

There are no strict deadlines for filing a trademark application. However, it is best to file as soon as possible. Early filing helps establish priority over other potential users of the same or similar marks.

📚 Use USPTO Resources

The USPTO provides free resources to help applicants understand the trademark process. These include guides, webinars, and customer service support, which can be very helpful during the application process.

📊 Monitor Processing Times

Keep track of the processing times for trademark applications. The USPTO aims to achieve a four-month timeframe for first actions and nine months for total disposals by FY 2028. Understanding these timelines can help you plan accordingly.

🌟 Know Famous Marks

Familiarize yourself with the definition of famous marks under the Trademark Dilution Revision Act. A mark considered famous is widely recognized by the general public in the U.S. as a source for the goods or services of its owner.

🏆 Top Services for Trademark Assistance Ranked by User Reviews (2026)

This section highlights services that assist with trademark registration and related legal support. These services have been ranked based on Trustpilot data as of October 2026. It is important to note that scores can change over time, and star ratings are just one factor to consider, as unhappy customers tend to leave more reviews.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 out of 5 stars. It is known for offering various legal services, including business formation and intellectual property protection. Reviewers appreciate the range of services provided but some report delays in customer service response times.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a score of 4.5. This service is recognized for its legal document services and legal advice related to business formation. While many users find the platform helpful, some express that the subscription model may be costly for those who do not use it frequently.

🆓 USPTO Resources

The USPTO offers free resources that include guides, webinars, and customer service to help applicants. These resources are available to assist individuals in navigating the trademark process effectively.

🔎 Comparing Trademark Services

  • ⚖️ Check the service's reputation through user reviews.
  • 🏷️ Compare the range of legal services offered.
  • ⏳ Look at the average processing times for applications.
  • 📞 Assess the quality of customer support based on feedback.

❓ Frequently Asked Questions

❓ What is the Trademark Manual of Examining Procedure?

The Trademark Manual of Examining Procedure (TMEP) provides guidelines for examining trademark applications. It was updated in May 2026 to include recent changes in procedures.

🌍 How can I file an international trademark?

To file an international trademark, applicants can use the Madrid e-Filing system, which was announced in July 2026. This system allows for a streamlined process for international applications.

⏱️ How long does it take to process a trademark application?

As of the first half of fiscal year 2026, the average processing time for trademark applications is about 10.03 months. The USPTO aims to reduce this time further by FY 2028.

💵 What are the current trademark application fees?

The USPTO charges a non-refundable application fee, which varies depending on the filing method and the number of classes. For accurate fee information, check the USPTO's official fee schedule.

📜 What defines a famous mark?

A famous mark is one that is widely recognized by the general public in the U.S. as a source of goods or services. This definition is set under the Trademark Dilution Revision Act of 2006.

📅 Are there deadlines for filing a trademark application?

There are no specific deadlines for submitting a trademark application. However, it is advisable to file as soon as possible to secure your rights over other potential users.

⚖️ Recent Cases Related to Trademark Law

Recent court rulings have clarified various aspects of trademark law, particularly concerning trademark dilution and protection. These rulings help define how marks are treated under U.S. law.

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

End of October 2026 Update





The Trademark Dilution Revision Act of 2006 allowed for certain amendments to be made to the Trademark Act of 1946 

The Revision Act provides for specific amendments to be made to sections two, thirteen, fourteen, twenty-four, and forty-five. The amendments in section two deal with the actual removal of wording and the insertion that a mark may be refused registration on the grounds that it is likely to cause dilution by blurring or by means of tarnishment. It also states that a registration for a mark may also be canceled under the same contingencies. 

Section Thirteen is the Opposition to Registration, the amendments made there are to include the refusal of registration as a result of the possibility for dilution by blurring or tarnishment. Section Fourteen is the Cancellation of Registration, and the Revision Act revises the clause by including dilution as means for cancellation. 

Conforming Amendments of the Trademark Dilution Revision Act

Section Twenty-Four is found under the Supplemental Register sub-chapter, which is included in the Trademark Act of 1946 to allow for certain marks to be registered that do not fully meet the requirements under the Principal Register so they can be registered at a later date when such mark has proven to be widely recognized by the public as concurrent to its product, and also, for eligibility to be registered at the international level; other countries may not have as stringent requirements as does the United States.

The amendments made under the Revision Act to this section also allow for marks registered under this provision to be considered liable to dilution of famous marks, regardless of the fact that they are not registered under the Principal Register. Section Forty-Five is the Definitions section of the Trademark Act, and is amended by the removal of the definition of dilution to this section. 


The amendments to the Lanham Act of 1946 were necessary in order to prevent any confusion or contradictory interpretations of the original legislation and the new trademark act. With dilution being much more prevalent an issue of dispute, and also allowing for confusing interpretation of the dilution provisions in laws as exhibited in Moseley v. V Secret Catalogue, Inc., the Revision Act of 2006 was necessary from preventing further discrepancies in the court of law.