📅 2026 Update: Changes in Trademark Law and Processes

Since the original article was published, several significant updates have occurred in U.S. trademark law. These changes impact how trademarks are registered and maintained, including new fees and processes. The following sections will highlight the most important updates relevant to trademark infringement and protection.

🆕 📜 Trademark Modernization Act of 2024

The Trademark Modernization Act (TMA) was enacted on December 27, 2024. This law aims to make the trademark registration process faster and simpler. It introduced an expedited examination procedure to help applicants receive decisions more quickly.

  • 📈 Expedited Process: Applicants may benefit from faster reviews.
  • 🔍 Streamlined Requirements: The reforms are designed to clarify the application process.

💰 📅 USPTO Fee Schedule Update

Starting January 1, 2025, the USPTO raised application fees by 10%. This fee increase affects both TEAS Plus and TEAS Standard applications.

  • 💵 TEAS Plus Application Fee: Now $250 per class of goods or services.
  • 💵 TEAS Standard Application Fee: Now $350 per class.

📱 💻 Mandatory Electronic Filing

In March 2025, the USPTO required that all trademark applications be filed electronically. This change aims to improve efficiency and shorten processing times.

  • 🖥️ Efficiency: Electronic filing can reduce errors and speed up submissions.
  • 📉 Processing Times: Applicants can expect a quicker review process.

⏳ ⏰ Current Processing Times

As of October 2026, the USPTO aims to finish the initial examination of applications in about 3 to 4 months. The full trademark registration process usually takes around 8 to 12 months, depending on factors like application complexity.

  • ⏳ Initial Examination: Targeted completion within 3 to 4 months.
  • 🗓️ Overall Timeframe: Complete registration typically takes 8 to 12 months.

📌 Key Updates in Trademark Law

  • 🆕 TMA introduced an expedited examination process.
  • 💰 Application fees increased by 10% as of January 2025.
  • 📱 All applications must be filed electronically since March 2025.
  • ⏳ Initial examination aims for a 3 to 4-month turnaround.

💡 Tips for Trademark Registration and Protection

Review your specific situation with your attorney to understand the best steps for your trademark needs.

🔍 Conduct a Trademark Search

Before applying for a trademark, conduct a search using the USPTO's Trademark Electronic Search System (TESS). This can help ensure that your mark is unique and not already in use.

📄 Choose the Right Application

Decide between the TEAS Plus and TEAS Standard applications. The TEAS Plus option is cheaper but has stricter requirements.

⏰ Be Aware of Deadlines

If you file an intent-to-use application, remember that you must submit a Statement of Use within 6 months after receiving a Notice of Allowance. You can request extensions, but keep track of these deadlines.

📑 Maintain Your Trademark

To keep your trademark registration active, you must file maintenance documents and fees at regular intervals. This includes a Declaration of Use between the 5th and 6th year and a renewal between the 9th and 10th year.

⚖️ Know Your Rights and Remedies

If someone infringes on your trademark, you can seek remedies such as injunctive relief and monetary damages. Understanding your legal options can help you protect your brand effectively.

🏆 Services Ranked by User Reviews (2026)

In this section, we present services related to trademark registration and legal assistance. These services are evaluated based on their Trustpilot ratings as of October 2026. Ratings can change over time, and it's important to consider both positive and negative feedback from users.

🥇 1. LegalZoom

LegalZoom has a Trustpilot score of 4.6. It is known for trademark registration and legal document preparation. Reviewers note that while many users appreciate the ease of use, some have reported delays and issues with communication during the process.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a Trustpilot score of 4.5. This service is recognized for its online legal services and document creation capabilities. However, users mention that the subscription model may not be suitable for everyone, which could impact overall satisfaction.

🥉 3. Bizee

Bizee has a Trustpilot score of 4.8. It is known for business formation and registered agent services, making it a relevant choice for those looking to establish a trademark. A caveat noted by users is that Bizee is not a law firm and cannot provide legal advice.

🆓 Free Government and Nonprofit Help

The USPTO Trademark Assistance Center (TAC) offers free information about trademark application procedures. Additionally, the Small Business Administration (SBA) provides resources for small businesses regarding intellectual property, including trademarks. Pro bono legal services are also available through organizations like Volunteer Lawyers for the Arts (VLA).

🔎 Key Considerations for Choosing Trademark Services

  • ⭐ Service Ratings: Compare Trustpilot scores among services.
  • 📋 Type of Services Offered: Look for specific trademark-related offerings.
  • 💬 User Reviews: Read feedback to gauge customer satisfaction.
  • 📅 Pricing Structure: Understand fees and any subscription models.
  • 📞 Customer Support: Consider the availability and quality of support.

❓ Frequently Asked Questions

📜 What is a trademark infringement?

Trademark infringement occurs when a mark is used without authorization in a way that may confuse consumers about the source of goods or services.

⏰ How long does it take to register a trademark?

As of October 2026, the entire trademark registration process can take about 8 to 12 months, depending on various factors, including application complexity.

💼 What is a Statement of Use?

A Statement of Use is a document that must be filed if an applicant has submitted an intent-to-use application. It confirms that the trademark is being used in commerce.

🔍 How can I report trademark infringement?

Infringement can be reported to the USPTO, and affected parties may also pursue legal action in federal court.

🔗 What are the benefits of electronic filing?

Electronic filing, mandated by the USPTO since March 2025, improves efficiency and reduces processing times for trademark applications.

📅 What happens during the opposition period?

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

⚖️ Recent Trademark Cases

Recent court rulings have clarified various aspects of trademark infringement and brand protection. These cases illustrate how courts interpret trademark law and enforce rights.

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

End of October 2026 Update





Remedies for trademark Infringement Injunctions



Judges in civil cases have the right to order injunctions on those that commit trademark infringement. The defendant must follow through with this remedy. The defendants must sign, under oath, the plan of action they will take to remove the infringed trademark from wherever they were using it. 

Remedies to Trademark Infringement You Should Know

The report detailing the plan to remove the infringed trademark must be completed and returned to the court within thirty days, or any other length of time set by the judge. Those who violate the injunction will be charged with contempt of court. The court also has the right to seize any property relating to the trademark infringement case.



Remedies for Violation of Rights



Remedies for trademark infringement may include lost profits, damages and attorney fees. When a violation of registered trademarks takes place and it is believed to have been an intentional infringement, a judge may award a plaintiff money from the defendant regarding any lost profits resulting from the infringement. If the infringement damaged the public perception of a company because of the actions of the infringing party, monetary damages can be awarded for that action as well. 

The cost of court action may be awarded when factoring in the losses of the plaintiff and gains made by the defendant. The monetary value awarded to the plaintiff is typically more than the amount gained by the defendant but cannot exceed three times the sum of all illegally obtained profits. In some cases, the plaintiff is asked to pay some of their own court fees despite winning the suit against the defendant. If a defendant tries to pose as the plaintiff using a counterfeit marking, the sum of all profits shall be multiplied by three and awarded to the plaintiff.



Remedies for Dilution



Anyone that uses a registered trademark in anyway that misleads consumers as to who owns the trademark or who or what it represents can be acted on in a civil trial. The person who has been damaged by the person diluting the trademark will be the plaintiff in a civil trial. 

Any products that are imported into the United States are not free from civil action if they dilute a trademark. Injunctions are the most common remedy for dilution or a famous trademark. Monetary damages are usually not awarded unless there was intentional harm brought on by a defendant.