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

Since this article was first written, there have been several significant updates in U.S. trademark law. These changes aim to streamline the trademark registration process, adjust fees, and improve overall efficiency for applicants. The information below highlights the most important changes relevant to trademark registration and protection.

⚙️ Trademark Modernization Act (TMA) of 2024

The Trademark Modernization Act was enacted on December 27, 2024. This law introduced a new expedited examination procedure to help applicants get their trademarks approved faster. The goal is to make the trademark registration process smoother and more user-friendly.

💰 Updated USPTO Fee Schedule

Starting January 1, 2025, the United States Patent and Trademark Office (USPTO) increased application fees by 10%. The new fees are $250 for a TEAS Plus application and $350 for a TEAS Standard application per class of goods or services. This change reflects the growing costs associated with enhanced examination processes.

🖥️ Electronic Filing Mandate

As of March 2025, electronic filing became mandatory for all trademark applications. This means that all submissions must now be done through the Trademark Electronic Application System (TEAS). This shift is expected to improve efficiency and reduce processing times for applicants.

⏳ Processing Times

The USPTO aims to complete the initial examination of trademark applications within 3 to 4 months. Overall, the trademark registration process typically takes about 8 to 12 months. The timeline may vary depending on the complexity of the application and any oppositions filed.

📌 Key Points Summary

  • TMA of 2024 provides a faster examination process.
  • 10% fee increase for trademark applications as of January 2025.
  • Mandatory electronic filing for all applications since March 2025.
  • Initial examination completed in 3 to 4 months; total process takes 8 to 12 months.

💡 Tips for Trademark Registration

Reviewing your situation with an attorney can help ensure you are prepared for the trademark application process.

🕵️‍♂️ Conduct a Thorough Trademark Search

Before filing your application, conduct a trademark search using the Trademark Electronic Search System (TESS). This will help you confirm that your desired mark is unique and not already in use.

📄 Choose the Right Application Type

Decide whether to use the TEAS Plus or TEAS Standard application. The TEAS Plus option is cheaper but has stricter requirements, while the TEAS Standard is more flexible.

📝 Prepare Accurate Application Details

Make sure you provide complete and accurate information about your trademark, including the goods or services it represents. Incomplete applications can lead to delays or rejection.

⏰ Be Aware of Important Deadlines

For intent-to-use applications, remember that a Statement of Use must be filed within 6 months after the Notice of Allowance is issued. You can request extensions, but it's crucial to stay on top of these timelines.

🛡️ Maintain Your Trademark

After registration, ensure you file necessary maintenance documents and fees on time. This includes a Declaration of Use between the 5th and 6th year and a combined Declaration of Use and Renewal between the 9th and 10th year.

🏆 Trademark Registration Services Ranked by User Reviews (2026)

The following services provide assistance with trademark registration and related legal documents. Their rankings are based on Trustpilot data checked in October 2026. Ratings can change, and it's important to consider that star ratings may reflect more from unhappy customers, as they are more likely to leave reviews.

🥇 1. Bizee

Bizee has been rated 4.8. This service is known for its business formation and registered agent services. It is particularly relevant for those looking to protect their trademarks when starting a new business.

However, it does not provide legal advice, which is a limitation for some users.

🥈 2. LegalZoom

LegalZoom holds a rating of 4.6. It is recognized for its trademark registration and legal document preparation services. Users have reported some delays and communication issues, which may affect the overall experience.

Despite this, it remains a popular choice for trademark-related services.

🥉 3. Rocket Lawyer

Rocket Lawyer has received a rating of 4.5. This service is known for its online legal services and document creation. While it provides a variety of legal resources, its subscription model may not suit all users who prefer a pay-per-service approach.

🆓 Free Trademark Assistance Options

The USPTO Trademark Assistance Center (TAC) offers free information and help with trademark application procedures. Additionally, the Small Business Administration (SBA) provides resources for small businesses, including guidance on trademarks. Pro bono legal assistance is also available through organizations like the Volunteer Lawyers for the Arts (VLA).

🔎 Choosing the Right Service

  • Check trust scores and review counts.
  • Compare fees for different application types.
  • Look for customer support quality.
  • Assess the breadth of services offered.
  • Verify the speed of processing for applications.

❓ Frequently Asked Questions

❓ What is the Trademark Modernization Act?

The Trademark Modernization Act, enacted in 2024, aims to streamline the trademark registration process by introducing an expedited examination procedure.

📅 How long does the trademark registration process take?

The overall trademark registration process typically takes about 8 to 12 months, depending on various factors such as application complexity and any oppositions filed.

🔍 What is a Statement of Use?

A Statement of Use is a document that must be filed for intent-to-use applications. It confirms that the trademark is being used in commerce and includes a fee of $100 per class.

🚀 Can I file a trademark application on paper?

No, as of March 2025, all trademark applications must be filed electronically through the TEAS system.

⚖️ What happens if someone opposes my trademark?

If your trademark is opposed during the 30-day opposition period, you may need to resolve the issue before your application can proceed to registration.

🛡️ How can I protect my registered trademark?

To maintain a registered trademark, you must file specific maintenance documents and fees at regular intervals to keep the registration active.

⚖️ Recent Trademark Cases

Recent court rulings have addressed trademark infringement and related issues. These cases are relevant to understanding how courts interpret trademark law and apply it to disputes.

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

End of October 2026 Update





When trademark infringement cases go to trial, the judge tries to determine the likelihood confusion taking place among consumers. Judges do not actually converse with consumers or take a poll among consumers, but they do use a set of criteria established by the Ninth Circuit Court of Appeals in the AMF, Inc v Sleekcraft Boats case from 1979. 

In that case, the court created eight different circumstances that would help a judge determine if consumers are likely to be confused by trademark issues.

1. The similarity or strength of the marks: This refers to how similar the two trademarks look physically, how similar they sound and how similar the meaning of the trademark is after interpreted by the public. It is difficult to do much convincing in this element of determining if trademark infringement took place. An infringement defense would require a judge to not see or understand a trademark as similar in sight or meaning.

Likelihood of Confusion of Trademarks

2. Similarities of good or services: The type of goods or services plays a role in possible confusion among trademarks. Similar trademarks with similar products such as Nike and Adidas having the same slogan minus a word or two would be a cause for confusion and trademark infringement. An infringement defense in this circumstance may be one company showing the registered slogan was regarding running shoes and the other company's slogan was regarding athletic pants. A judge still may find the products are too similar based on the brand and goods.

3. Similarity of marks: This is similar to the first element of possible confusion. This element refers to the visual similarities, not the overall meaning when examined from all angles. Two trademarks of the same design will be considered trademark infringement for one of the owners. There is little infringement defense that can take place if two markings look almost identical and on clearly was established first.

4. Evidence of actual confusion: This can be shown by actual confusion among consumers who mistook one company for another because of trademark confusion.

5. Marketing Intent: If a possible trademark infringer targets consumers in the same market as another trademark, the judge will view this as trademark infringement. Similar trademarks both aiming their advertisements at the same group will certainly cause a higher likelihood of confusion.

6. Physical proximity of good in the market place: If similar trademarks also sell their products in close proximity to one another, confusion among consumers is likely to occur. Proximity is another difficult element to disprove in an infringement defense.

7. Defendant's intent when the trademark in question was created: If a judge believes a defendant purposely created a similar trademark, there will be a definite likelihood of confusion among consumers and the judge will rule in favor of the plaintiff. The infringement defense must prove the existing trademark had no influence on the creation of the plaintiff's marking.

8. Likelihood of expansion of product lines: If both companies are expanding, especially at the same rate, confusion is likely to occur.

The first five elements are used in every trademark infringement case. The last three elements are used when the first five elements do not clearly state whether trademark infringement took place.