The Refusal Of Trademark Registration
π 2026 Update: Changes to Trademark Registration Fees and Processes
Since the article was originally written, several important updates have occurred regarding trademark registration in the U.S. These changes affect the fees and processes set by the USPTO. Readers can find the original article further down the page for additional context.
π° Current Fees and Costs
The USPTO has made recent adjustments to trademark fees. The base application filing fee is now $350 per class for electronic applications under Sections 1 or 44. Additional fees include $100 per class for insufficient information and $200 for using the free-form text box instead of the Trademark ID Manual.
- π International Applications: The fee for international applications under Section 66(a) increased from $500 to $600 per class as of February 18, 2025.
β³ Processing Times
The average time for the first examining action is now 4.3 months from filing. The total processing time to registration or abandonment is approximately 10.4 months.
- π Stand-alone Applications: For these applications, the first action pendency averages 4.25 months, with a total pendency of 7.8 months.
π Intent-to-Use Applications
Filing an intent-to-use application involves specific fees. The cost to file an amendment to allege use or a statement of use is $150 per class, while a request for an extension of time costs $125 per class.
- π‘ Revival of Abandoned Applications: If an application is abandoned, the fee to revive it is $250 per class.
π Maintenance Filing Fees
Once trademarks are registered, there are maintenance fees to keep them active. These include:
- $325 for the five-year declaration.
- $650 for the ten-year renewal combined with a five-year declaration.
π Key Updates Summary
- π΅ Base application fee is now $350 per class.
- β³ Average processing time is 10.4 months.
- π Intent-to-use amendment fee is $150 per class.
- π Reviving abandoned applications costs $250 per class.
- π Maintenance fees apply to keep registrations active.
π‘ Tips for Trademark Registration
Review the details of your situation with an attorney.
π Conduct a Thorough Trademark Search
Before applying, conduct a comprehensive trademark search. This helps to identify any existing trademarks that may conflict with yours.
βοΈ File Electronically
As of February 15, 2020, all applications must be filed electronically. This streamlines the process and avoids delays associated with paper applications.
π Keep Track of Deadlines
Be mindful of all deadlines, such as filing the Statement of Use within six months after receiving the notice of allowance. This helps avoid complications with your application.
π Gather Complete Information
Ensure you provide all necessary information with your application. If you submit insufficient information, you may incur an additional fee of $100 per class.
π Monitor Your Application Status
Regularly check the status of your application through the USPTO's Trademark Status and Document Retrieval (TSDR) system. This helps you stay informed about any actions needed on your part.
π Trademark Services Ranked by User Reviews (2026)
This section covers services that assist with trademark registration, providing valuable insights into user experiences. The order is based on Trustpilot data as of October 2026, and ratings can fluctuate over time. Keep in mind that star ratings are just one part of the picture, as unhappy customers often leave more reviews.
π₯ 1. Bizee
Bizee has been rated 4.8. It is known for providing business formation services and comprehensive compliance support. However, it is newer in the trademark registration space, which may affect its reputation among experienced users.
π₯ 2. LegalZoom
LegalZoom holds a score of 4.6. It has been known for offering comprehensive legal services and a user-friendly platform. Some users have reported delays in processing times, which could impact your trademark application experience.
π₯ 3. Rocket Lawyer
Rocket Lawyer averages 4.5. It is recognized for affordable legal services and an extensive document library. However, its subscription model may not suit all users, particularly those looking for one-time services.
π Free Government and Nonprofit Help
The USPTO offers various resources, including guides and customer service for trademark applicants. Additionally, the Small Business Administration (SBA) provides resources on intellectual property, and local Small Business Development Centers (SBDCs) offer free or low-cost assistance.
π What to Compare When Choosing a Trademark Service
- π User ratings and reviews.
- π° Total costs, including hidden fees.
- π Processing times and efficiency.
- π οΈ Range of services offered.
- π Quality of customer support.
β Frequently Asked Questions
π€ What is the base fee for filing a trademark application?
The base application filing fee is $350 per class for electronic applications under Sections 1 or 44.
π How long does it take to process a trademark application?
The average total processing time to registration or abandonment is approximately 10.4 months from filing.
π What happens if my trademark application is abandoned?
If your application is abandoned, you can revive it by paying a fee of $250 per class.
π Can I file an international application for my trademark?
Yes, you can file an international application under Section 66(a) at a fee of $600 per class.
π¨ Are there any common scams related to trademark registration?
Be cautious of unsolicited communications requesting payment for trademark services. The USPTO does not send out such solicitations.
π Where can I find free resources for trademark registration?
Free resources are available through the USPTO, SBA, and local SBDCs, which provide assistance and guidance for trademark matters.
βοΈ Recent Trademark Cases
Recent court rulings have addressed various aspects of trademark law, including registration refusals and disputes.
- Fourth Circuit Rules on Gilead's Trademark Case Against ImportersCourt of Appeals for the Fourth Circuit Β· August 13, 2026
- Court affirms trademark ruling in Deltona v. NOCO caseCourt of Appeals for the Eleventh Circuit Β· August 4, 2026
- Court rules in favor of VIP Products in trademark caseCourt of Appeals for the Ninth Circuit Β· August 4, 2026
- Court Affirms Judgment in Nelson v. MillerKnoll Trademark CaseCourt of Appeals for the Sixth Circuit Β· July 7, 2026
For more recent rulings, you can browse more rulings on the news page.
End of October 2026 Update
Refusal of registration may come after one of the United States Patents and Trademark Office's examining attorneys looks over a trademark application Similarity with already registered trademarks.
The similarity of services offered by the company requesting a trademark with other services currently protected by U.S trademarking laws.
Including a name, deceased presidents name without their widow's permission, the U.S flag or other U.S symbols or derogatory language against a living or deceased person.
When getting ready to submit a trademark to the USPTO, the following needs to be considered to avoid a denial resulting in the loss of any fees paid to the USPTO in hopes of acquiring a registered trademark:
Any statements made to the USPTO, their attorneys or anyone associated can be used against someone in a court of law.
Statements made by a USPTO attorney that someone fails to respond to can be used against them in a court of law.
Does the trademark conflict with any existing trademarks?
Is the description provided to the USPTO accurate and informative?
Could the good or services provided by the trademarking company be confused with the good and services of another already existing registered trademark?
Are the geographic locations and trademark samples all accurate and matching with the description provided?
Has all necessary evidence that the trademark is original been gathered?
Are all potential third parties that may be involved with the trademark aware of the rules and regulations of trademarking?
Mentally prepare for the meeting with USPTO attorneys and have all information in mind or on paper.