📅 2026 Update: Changes in U.S. Trademark Law

Since the original article was published, there have been notable updates in U.S. trademark law. These changes affect how trademarks are registered, the fees involved, and the overall process. The earlier article continues further down the page, providing foundational information.

📜 Trademark Modernization Act (TMA) of 2024

The Trademark Modernization Act, enacted on December 27, 2024, aims to make trademark registration easier. It introduced a new expedited examination procedure. This means applicants can get faster decisions on their trademark applications.

💰 Updated USPTO Fee Schedule

Starting January 1, 2025, the United States Patent and Trademark Office raised application fees by 10%. The fee for a TEAS Plus application is now $250 per class of goods or services. For TEAS Standard applications, the fee is $350 per class.

📱 Electronic Filing Requirement

As of March 2025, all trademark applications must be filed electronically with the USPTO. This change helps improve efficiency and reduces processing times. Applicants can no longer submit paper applications.

⏱️ Processing Times

The goal for initial examination is now about 3 to 4 months after filing. The entire trademark registration process can take around 8 to 12 months, depending on factors like application complexity and any oppositions.

📌 Key Takeaways

  • Trademark Modernization Act speeds up trademark registration.
  • Increased fees: TEAS Plus at $250 and TEAS Standard at $350.
  • Mandatory electronic filing enhances efficiency.
  • Initial examination aims for 3 to 4 months.
  • Total registration time is about 8 to 12 months.

💡 Tips for Trademark Registration

Review all details of your situation with your attorney to ensure proper guidance.

🔍 Conduct a Thorough Trademark Search

Before applying, use the USPTO's Trademark Electronic Search System (TESS) to check if your mark is unique. This step is crucial to avoid potential rejections or conflicts.

📝 Choose the Right Application Form

Decide between the TEAS Plus and TEAS Standard application forms. TEAS Plus is cheaper but has stricter requirements, while TEAS Standard offers more flexibility.

⏳ Be Aware of Deadlines

If you file an intent-to-use application, remember the 6-month deadline for submitting a Statement of Use. Extensions are available for a total of up to 30 months.

⚖️ Know Your Rights

Understand the defenses available against trademark infringement. Common defenses include fair use and showing that there is no likelihood of confusion among consumers.

📞 Utilize Free Assistance

Seek help from the USPTO Trademark Assistance Center or nonprofit organizations. They provide valuable resources and guidance without cost.

🏆 Services Ranked by User Reviews (2026)

This section covers services related to trademark registration and legal assistance. The listings are based on Trustpilot data as of October 2026. Ratings can change over time, and a higher score does not always mean better service, as unhappy customers often leave more reviews.

🥇 1. Rocket Lawyer

Rocket Lawyer has been rated 4.5. It is known for providing online legal services and document creation. However, users note that its subscription model may not suit everyone, especially those needing one-time assistance.

🥈 2. Bizee

Bizee holds a score of 4.8. This service is recognized for business formation and registered agent services. While it provides reliable support, it is not a law firm and cannot offer legal advice.

🥉 3. LegalZoom

LegalZoom averages 4.6. It specializes in trademark registration and legal document preparation. Some users report delays and communication issues, which potential customers may want to consider.

🆓 Free Government Assistance

The USPTO offers the Trademark Assistance Center for free help with trademark applications. Additionally, the Small Business Administration provides resources on intellectual property, including trademarks, for small businesses.

🔎 Comparing Trademark Services

  • 📝 Consider the fees associated with each service.
  • ⏰ Look at processing times for applications.
  • 📞 Check customer service options and responsiveness.
  • 📄 Evaluate the types of services offered beyond trademarks.
  • 🔍 Research user reviews for insights into real experiences.

❓ Frequently Asked Questions

❓ What is the purpose of a trademark?

A trademark identifies and distinguishes goods or services of one company from another. It helps consumers recognize the source of products.

📅 How long does trademark registration take?

The trademark registration process typically takes about 8 to 12 months, depending on various factors like application complexity and possible oppositions.

⚖️ What happens during the examination process?

A USPTO examining attorney reviews the application for compliance with legal requirements. This includes checking for distinctiveness and any potential conflicts with existing trademarks.

🔄 Can I extend the Statement of Use deadline?

Yes, you can request extensions for a Statement of Use, with up to 5 additional periods of 6 months each after the initial deadline.

🚫 What is the opposition period?

After a trademark is published in the Official Gazette, there is a 30-day period during which third parties can file an opposition to the registration.

🔍 How can I report trademark infringement?

Infringement can be reported to the USPTO, and affected parties may also take legal action in federal court against the alleged infringer.

⚖️ Recent Trademark Cases

Recent court rulings have addressed various aspects of trademark infringement and registration. These cases highlight the evolving nature of trademark law and its implications for businesses and consumers.

For more information, you can browse more rulings on the news page.

End of October 2026 Update





What is a Trademark?


 



A trademark is a distinctive indicator used by an individual, business or entity to identify that the attached services or products originate from a unique source. The trademark, thus, distinguishes products or services from those of other individuals or entities. A trademark is designated by a symbol, which is then, attached to a word, phrase, name, symbol, design, image, logo or a combination of said works to provide exclusive protection rights.


The holder of a registered trademark can engage in legal proceedings if the holder’s trademark is infringed upon; a legal action will impede unauthorized use of the mark. That being said, registration is not required. The holder of a common law trademark may also initiate a legal action; however, an unregistered trademark is only protected within the jurisdiction which it is used or the areas it may expand to.

Trademark Infringement


What is Trademark Infringement?



Trademark infringement refers to a violation of the exclusive right latent in a trademark; it is the unauthorized use of the trademark’s attached element. Trademark infringement occurs when an individual or entity uses a trademark that is confusingly similar or identical to a mark owned by another party—the services or product are similar or indistinguishable to the facilities or products that the original mark  covers. If trademark infringement occurs, the holder of the original mark may commence in legal proceedings against the party that infringed upon the trademark.



Trademark infringement undermines the rights granted in the mark. When a trademark qualifies for protection, the attached rights are protected when the mark is used in commerce or if the party was the first to register the mark with the United States Patent and Trademark Office.



The use of a trademark typically means the actual sale of the attached product or service to the public is reserved for the original register—the register acquires priority to use the mark in connection with selling or marketing the attached work.



If the mark is not used in connection with commerce, rights are transferred, only if it is registered with a Trademark Office. Registration of a trademark with a government office gives the filing party the right to use the mark nationwide, even if transactions in commerce are only limited to a certain area. Although registration with a trademark office is not required for a mark to be protected, the process does confer a series of advantages to the filing party.


If an individual or entity owns the rights to a specific mark, that party can sue subsequent parties for trademark infringement; the standard for a suit is based on the “likelihood of confusion.” More specifically, the use of trademarks in connection with commerce constitutes trademark infringement if the copied product causes consumer confusion regarding the source of the product.



When evaluating confusion in a trademark infringement case, the courts will evaluate the following factors or situations:



• Trademark infringement cases will inspect the strength of the trademark and the uniqueness of the marked symbol or work



• Trademark infringement cases will evaluate the proximity of the two goods or services



• Trademark infringement cases will evaluate the similarity of the trademarks



• To prove trademark infringement, the registered party must show evidence of confusion



• Trademark infringement will typically inspect the defendant’s intent—the court will inspect the defendant’s reason for copying or using the marked work



• Trademark infringement courts will inspect the similarity of the marketing mediums used.