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

Since the original article was published, several important changes have taken place in U.S. trademark law. These updates include new laws, fee adjustments, and procedural improvements that impact trademark registration and protection.

The earlier article continues further down this page, providing foundational information on trademark infringement lawsuits. Below are the most significant updates relevant to trademark law.

🚀 Trademark Modernization Act (2024)

The Trademark Modernization Act, enacted on December 27, 2024, brought several reforms to the trademark registration process. One major change is the introduction of an expedited examination procedure. This allows applicants to receive faster reviews of their applications, which can be crucial for businesses needing quick brand protection.

💵 Updated USPTO Fees

As of January 1, 2025, the United States Patent and Trademark Office (USPTO) raised application fees by 10%. The TEAS Plus application fee now stands at $250 per class, while the TEAS Standard application fee is $350 per class. These adjustments aim to enhance the examination process, but they may affect applicants' budgets.

🖥️ Mandatory Electronic Filing

Starting in March 2025, the USPTO mandated that all trademark applications be filed electronically. This requirement is intended to improve efficiency and reduce processing times. Applicants must now submit their applications through the TEAS system, streamlining the overall process.

⏳ Processing Times

The USPTO aims to complete the initial examination of trademark applications within 3 to 4 months from the filing date. The entire process typically lasts about 8 to 12 months. These timelines are important for applicants to consider, especially when planning business launches or product releases.

📌 Key Points Summary

  • TMA introduced expedited examination procedures.
  • USPTO fees increased by 10% as of January 2025.
  • All applications must be filed electronically.
  • Initial examination completed in 3 to 4 months.
  • Total processing time is about 8 to 12 months.

💡 Tips for Trademark Registration and Protection

It's important to review the details of your specific situation with your attorney. Here are some practical tips to consider when navigating trademark issues.

🔍 Conduct a Thorough Trademark Search

Before submitting an application, use the USPTO's Trademark Electronic Search System (TESS) to check for existing trademarks. This step helps ensure your mark does not conflict with another registered trademark, reducing the risk of application rejection.

📝 Choose the Right Application Type

Decide between the TEAS Plus and TEAS Standard application types based on your needs. The TEAS Plus is less expensive but requires more upfront information. The TEAS Standard offers more flexibility but comes with a higher fee.

⏰ Meet All Deadlines

For intent-to-use applications, remember that a Statement of Use must be filed within 6 months after the Notice of Allowance. You can request up to 5 extensions of 6 months each, but staying on top of deadlines is crucial for maintaining your application status.

📄 Understand the Maintenance Requirements

After registration, trademark holders must file specific maintenance documents. 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. Keeping track of these requirements helps maintain trademark protection.

⚖️ Be Aware of Infringement Remedies

Infringement can lead to serious consequences. Remedies may include injunctive relief, monetary damages, and recovery of attorney's fees. Understanding these options can help trademark holders protect their rights effectively.

🏆 Trademark Services Ranked by User Reviews (2026)

This section highlights various services that assist with trademark registration and related legal needs. The order is based on Trustpilot data verified in October 2026. Ratings may change over time, and it's important to consider that 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, making it easier for individuals and businesses to handle trademark applications. However, some users note that its subscription model may not suit everyone.

🥈 2. Bizee

With a Trustpilot score of 4.8, Bizee is recognized for its business formation and registered agent services. While it offers valuable assistance for trademark registration, it's important to remember that it is not a law firm and cannot provide legal advice.

🥉 3. LegalZoom

LegalZoom holds a 4.6 rating. It is well-known for trademark registration and legal document preparation services. However, some reviewers have reported delays and communication issues, which potential clients should consider before choosing this service.

🆓 Free Trademark Assistance Options

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

🔎 What to Compare When Choosing Trademark Services

  • 🏛️ Reputation: Check user reviews and ratings.
  • 💰 Cost: Compare fees and potential hidden costs.
  • 🕒 Processing Times: Understand how quickly services can complete applications.
  • 📞 Customer Support: Evaluate the level of support provided during the process.

❓ Frequently Asked Questions

❓ What is the purpose of the Trademark Modernization Act?

The Trademark Modernization Act aims to streamline the trademark registration process and introduce expedited examinations to improve efficiency for applicants.

❓ How can I file a trademark application?

Trademark applications must be filed electronically through the USPTO's TEAS system. Applicants need to provide specific details about their mark and the goods or services it represents.

❓ What happens if someone opposes my trademark application?

If your mark is opposed after publication in the Official Gazette, you may need to respond to the opposition. This can lead to a legal dispute, and you may need to defend your application in court.

❓ What are the consequences of trademark infringement?

Trademark infringement can lead to legal action, with remedies including injunctions, monetary damages, and recovery of attorney's fees. It is crucial to understand the implications before using a similar mark.

❓ How long does the trademark registration process take?

The entire trademark registration process typically takes around 8 to 12 months. Initial examination usually occurs within 3 to 4 months from the filing date.

❓ What is the "likelihood of confusion"?

Likelihood of confusion is a key factor in determining trademark infringement. It assesses whether consumers are likely to be confused about the source of goods or services due to similar marks.

⚖️ Recent Trademark Cases

Recent court rulings have addressed various aspects of trademark infringement and protection. These cases highlight the importance of understanding trademark rights and the legal landscape surrounding them.

Readers can browse for more rulings in the news section.

End of October 2026 Update





Trademark infringement



Google v. Geico


Trademark Infringement Lawsuits You Should Know


Geico was looking to sue the search engine Google because Google was allowing rival insurance companies to advertise in ad space that popped up when Internet users searches information relating to Geico. Geico believed this was a direct violation of their trademark rights. 

Geico felt the fact that Google was selling ad space to rival companies after users searched Geico related information was enough to violate their rights. Google's trademark infringement lawyer said Google was not in violation because there is nothing in the law about keyword advertising stating it is illegal.

Google won the case after Judge Leonie Brinkema ruled Google was not violating any trademark laws. She did not believe ads present after Geico is searched was enough to cause confusion among consumers. Geico's lawyer said the ruling was not clear and would only lead to more trademark infringement cases for Google to take part in. 

Lawyers for Geico still believe it is trademark infringement to profit off of people searching someone else's trademarked name in a search engine. The court stated it would proceed with a second phase of the trial to determine if the rival ads can legally pop up with the trademarked word "Geico" being a keyword. Trademark infringement lawyers for Geico were pleased the court decided to look into the second phase of the trial.



McCurry v. McDonald's



McCurry, a Malaysian restaurant surprisingly defeated the huge corporation that is McDonald's. The victory in this trademark infringement case is looked at as a major victory for the "little guys" against McDonald's. McDonald's was trying to sue the McCurry restaurant for using the trademarked "Mc" in its name. McCurry was victorious because there was no way anyone would ever confuse the small independent restaurant with McDonald's. They have a completely different menu, style, look and target market. McDonald's case was rejected.



Pending Cases



Currently, there are two trademark infringement cases pending involving Shaquille O'neal and Mars' M&M's. Shaq had trademarked the nickname Shaqtus after being traded to the Phoenix Suns. The defendants, Michael Calmese, Dan Mortensen, and their True Fan Logo, Inc had created shirts with a cactus containing Shaq's features and has sold the shirts. They also posed for a picture with Shaq and he signed one of the shirts. Both sides believe they have legal right to use the Shaqtus trademark.

Mars Candy featured the M&M's dressed as the trademarked character Zorro. The company also placed the Mars trademark over the Zorro character. The suit against Mars could be worth as much as $500,000.