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

Since the original article was published, several important updates regarding U.S. trademark law have taken place. These changes affect the trademark registration process, fees, and available resources for businesses. The earlier article continues further down the page, providing foundational information on trademark infringement defenses.

🆕 2024 Trademark Modernization Act (TMA)

The Trademark Modernization Act (TMA) was enacted on December 27, 2024. This law aims to make the trademark registration process quicker and more efficient. It introduced a new expedited examination procedure, which allows applicants to receive a faster review of their trademark applications.

💰 Updated USPTO Fee Schedule

Starting January 1, 2025, the USPTO increased its application fees by 10%. The fee for a TEAS Plus application is now $250 per class, while the TEAS Standard application is $350 per class. This change supports improved examination processes and reflects the growing demand for trademark services.

📄 Electronic Filing Requirement

As of March 2025, all trademark applications must be filed electronically. This requirement aims to improve efficiency and reduce processing times. Applicants can use the Trademark Electronic Application System (TEAS) to submit their applications online.

⏳ Revised Processing Times

The USPTO now aims to complete the initial examination of trademark applications within 3 to 4 months of filing. The overall trademark registration process generally takes about 8 to 12 months, depending on complexity and any oppositions filed.

📌 Key Updates Summary

  • 🆕 TMA introduced expedited examination procedures.
  • 💰 USPTO fees increased by 10% starting January 2025.
  • 📄 All applications must be filed electronically.
  • ⏳ Initial examinations completed in 3 to 4 months.
  • ⏳ Overall process takes about 8 to 12 months.

💡 Tips for Navigating Trademark Registration

Review the details of your situation with your attorney.

🔍 Conduct a Thorough Trademark Search

Before filing a trademark application, perform a comprehensive search using the USPTO's Trademark Electronic Search System (TESS). This step helps ensure that your mark is unique and reduces the risk of potential conflicts.

📝 Choose the Right Application Form

Select the appropriate application form for your needs. The TEAS Plus application is less expensive but has stricter requirements. The TEAS Standard application offers more flexibility but at a higher cost.

⏰ Be Aware of Deadlines

If you file an intent-to-use application, remember to submit your Statement of Use within 6 months after the Notice of Allowance. You can request extensions for up to 5 additional periods of 6 months each.

📅 Track Processing Times

Stay informed about the timeline for your application. The USPTO aims to complete initial examinations in 3 to 4 months, but be prepared for potential delays or additional requirements.

🌐 Explore Free Resources

Utilize free resources available through the USPTO Trademark Assistance Center and organizations like the Small Business Administration. These can provide guidance and help you navigate the trademark registration process effectively.

🏆 Trademark Services Ranked by User Reviews (2026)

This section reviews several services that assist with trademark registration and legal documentation. The scores are based on Trustpilot data checked in October 2026. Keep in mind that while star ratings can indicate overall satisfaction, they may not reflect every user's experience.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. The service is known for trademark registration and legal document preparation. Some users report experiencing delays and communication issues, which can affect the overall satisfaction with their trademark filing process.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a rating of 4.5. This platform offers online legal services, including document creation related to trademarks. Users have mentioned that its subscription model may not suit everyone, which can impact how useful they find the service.

🥉 3. Bizee

Bizee averages a score of 4.8. It is recognized for its business formation services and registered agent services. However, it is important to note that Bizee is not a law firm and cannot provide legal advice, which may limit its utility for trademark-related legal issues.

🆓 Free Government and Nonprofit Help

There are free resources available for trademark assistance. The USPTO Trademark Assistance Center provides information about application procedures. Additionally, the Small Business Administration offers guidance on intellectual property, including trademarks, to help small businesses.

🔎 Key Factors to Compare Trademark Services

  • 📄 Application assistance and filing options.
  • 💰 Cost of services and any additional fees.
  • ⏰ Processing times for trademark applications.
  • 🆓 Availability of free resources and support.
  • 📞 Customer service and communication quality.

❓ Frequently Asked Questions

❓ What is the Trademark Modernization Act?

The Trademark Modernization Act, enacted in December 2024, aims to streamline the trademark registration process. It introduced an expedited examination procedure to help applicants receive faster reviews.

❓ What are the current fees for trademark applications?

As of October 2026, the fee for a TEAS Plus application is $250 per class, while a TEAS Standard application costs $350 per class. There is also a $100 fee for filing a Statement of Use for intent-to-use applications.

❓ How long does the trademark registration process take?

The USPTO typically aims to complete the initial examination within 3 to 4 months. The overall process can take around 8 to 12 months, depending on various factors, including the complexity of the application.

❓ What is the purpose of a trademark search?

Conducting a trademark search helps ensure that your mark is unique and does not conflict with existing trademarks. This step can help avoid potential legal issues down the line.

❓ What can I do if I believe my trademark is being infringed?

If you suspect trademark infringement, you can report it to the USPTO. Affected parties may also pursue legal action in federal court to protect their rights.

❓ What is the role of the USPTO Trademark Assistance Center?

The USPTO Trademark Assistance Center provides free information and guidance on trademark application procedures. It can help users navigate the trademark registration process effectively.

⚖️ Recent Cases in Trademark Law

Recent court rulings highlight ongoing developments in trademark law and enforcement. These rulings illustrate how courts interpret trademark rights and the defenses against infringement claims.

You can browse more rulings on the news page for additional updates and insights into trademark law cases.

End of October 2026 Update





There are two main defenses against trademark infringement. They are fair use and parody. There are different types of defenses within those two main defenses. Trademark infringement defenses all fall somewhere into the criteria consisting of eight key elements that make up trademark infringement. If a defendant can prove their use of a trademark was either fair use or a parody, the court could possibly rule in their favor in an infringement case.

Fair Use

Fair use occurs when someone uses a trademarked term for its primary definition and not its secondary meaning. For instance, if there is a series of summer sneakers coming out and they all consist of being either all blue or all white sneakers, a painting company that uses the trademarked slogan "all white" cannot sue because someone else used the words "all white" in a descriptive purpose. 

The descriptive purpose would be considered the word's primary meaning with the trademarked meaning being the secondary meaning. There was no intent to support or denounce the painting company in anyway when the sneakers appearance was being described as all white.

Defenses Against Trademark Infringement

Another trademark infringement defense that falls under the fair use umbrella is nominative use. Nominative use takes place when a trademarked term is needed to describe another thing or that thing's product. For example, the New York Yankees cannot sue if a newspaper uses their trademark name to describe tourist attractions in New York City. 

The use of the trademarked name is only to used to describe and identify the team. There is also no other way to effectively identify the New York Yankees. One could not even describe them as New York's baseball team because there is more than one team in the city. The newspaper's use of the trademarked term was only for descriptive and identifiable purposes, not as a way to sell a product with the assistance of someone else's trademark.



Parody



Parody is an accepted trademark infringement defense. Parodies are accepted because they are believed to serve a artistic and editorial purpose in society. Parodies to a degree are also protected under free speech in the first amendment. Parodies are meant to clearly mock or carry the opposite message of the original trademark. This should free anyone of any possible confusion regarding which is the real trademark and which is the organization responsible for the parody.

As long as the parody is clearly making fun of or mentioning the original message or trademark, parody is a proper trademark infringement defense. The creator of a parody must be sure to clearly show they are not trying to pass off the original idea as one of their own. The parody must not cause any financial losses or bring down the value of the original trademark.