📅 2026 Update: Current Trademark Registration Insights

Since the original article was published, there have been no significant changes in the use of trademark symbols like TM, SM, and ® from 2024 to 2026. The process for registering a trademark remains stable, with the same fundamental steps and requirements in place. Readers can continue to refer to the earlier article for comprehensive details on the USPTO process and how to protect a brand.

📝 Current Fees and Costs

The trademark application fee at the USPTO is non-refundable. The fee varies depending on the application form and the number of goods or services classes. For precise and updated fee information, consult the USPTO's official fee schedule.

📄 Application Forms

The USPTO still offers two main application forms.

  • 🟢 TEAS Plus has a lower fee but requires stricter compliance.
  • 🔵 TEAS Standard is more flexible but costs more. Applicants should choose based on their needs.

⏰ Processing Times

The processing times for trademark applications at the USPTO can differ. For the most accurate information, applicants should check the USPTO's official website, as times can fluctuate based on workload.

📜 Eligibility Rules

To register a trademark, it must be used in commerce, meaning it should be displayed in sales or advertising. Additionally, the trademark needs to be distinctive, not just descriptive of the goods or services offered.

📌 Key Points to Remember

  • No major changes occurred in trademark symbol usage from 2024 to 2026.
  • Fees for trademark applications depend on the chosen form.
  • Processing times can vary, so check the USPTO website.
  • Trademarks must be distinctive and used in commerce to qualify for registration.

💡 Tips for Trademark Registration Success

Review all details of your situation with your attorney to ensure proper guidance throughout the trademark process.

🔍 Conduct Thorough Searches

Before applying for a trademark, always search for existing trademarks. This helps ensure that your trademark is unique and reduces the risk of potential conflicts.

📝 Prepare Quality Specimens

When submitting a trademark application, provide a clear specimen showing your trademark in use. For goods, this could be a label or packaging. For services, it might be a website demonstrating the trademark.

📅 Keep Up with Deadlines

Be mindful of deadlines for responding to office actions. If the USPTO issues an office action, you generally have six months to respond.

🔄 Maintain Your Registration

To keep your federal trademark registration active, maintenance documents must be filed periodically. This includes filings between the fifth and sixth year and then every ten years.

📚 Utilize Free Resources

Take advantage of free resources from the USPTO, such as guides and webinars. They provide valuable information for applicants navigating the trademark registration process.

🏆 Trademark Services Ranked by User Reviews (2026)

This section highlights services related to trademark registration and assistance. Each entry includes Trustpilot ratings and insights into what customers experience. Trustpilot scores are subject to change as more reviews come in, and it’s essential to consider both positive and negative feedback.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 on Trustpilot. It is known for providing a wide range of online legal services, including trademark registration assistance. While many users appreciate the convenience, some report delays in processing times, which can impact the overall experience.

🥈 2. Rocket Lawyer

Rocket Lawyer holds a Trustpilot score of 4.5. This service is recognized for its legal document creation and trademark filing assistance. However, some users find the subscription model may not suit everyone's needs, which could affect their decision to use the service.

🆓 Free USPTO Resources

The USPTO offers free resources to assist applicants with trademark registration. This includes guides, webinars, and a comprehensive Trademark Registration Toolkit. Many state governments also provide free or low-cost assistance for trademark registration within their jurisdictions.

🔎 Consider These Factors When Choosing Trademark Services

  • 📊 Trustpilot scores and user reviews.
  • 📝 Types of services offered, such as trademark registration and legal document creation.
  • ⏳ Processing times and any reported delays.
  • 💰 Cost structure and whether it fits your budget.

❓ Frequently Asked Questions

❓ What is the TM symbol used for?

The TM symbol indicates that you are claiming rights to a trademark, even if you haven't filed an application with the USPTO. It is a way to inform others of your intent to use the trademark.

❓ How long does the trademark registration process take?

The time it takes to register a trademark can vary based on the USPTO's workload. It's advisable to check the USPTO's official website for the most current processing times.

❓ Can I use the ® symbol before my trademark is registered?

You should not use the ® symbol until your trademark is officially registered with the USPTO. Using it prematurely can lead to legal consequences.

❓ What happens if my trademark application is rejected?

If your application is rejected, the USPTO will issue an office action. You typically have six months to address the issues raised and respond to the office action.

❓ Are there benefits to registering a trademark internationally?

Yes, registering a trademark internationally can protect your brand in multiple countries. The Madrid Protocol allows you to file a single application for over 100 member countries.

❓ What are common law rights in trademark usage?

Common law rights arise when you use a trademark in commerce, even without federal registration. These rights are limited to the geographic area where the trademark is used.

⚖️ Recent Trademark Cases

Recent court rulings have highlighted key aspects of trademark law, particularly regarding registration and protection of trademarks. The outcomes of these cases can impact how trademarks are filed and enforced.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





When a company creates a unique logo, symbol, phrase, or any unique visual element to present their product or service to the public in packaging or advertisement mediums, that element is automatically protected under United States intellectual property law. 

They may bear a TM symbol or a SM symbol next to the trademark element to indicate this protection. If a company would like added protection and further security, however, they will need to register their trademark or service mark with the United States Patent and Trademark Office (USPTO). 

After a successful registration, the trademark or service mark will be recognized by the USPTO and receive federal trademark registration benefits, indicated by a circled "R" after the mark. The circled R is usually presented after the element in a superscript style.

Federal Registration Symbol

Although it can be written as (R) or (r) due to a lack of a typewriter character to represent the symbol, the registered trademark symbol appears as follows:

[Registered Mark]®

Material which has not received an official registration with any office around the world cannot legally bear the  circled "R" trademark symbol.