📅 2026 Update: Latest on Trademark Symbols and Registration

Since the original article was written, there have been no significant changes to the use of trademark symbols (TM, SM, and ®) from 2024 to 2026. The process for registering a trademark remains largely the same, and the current fees and requirements are still relevant. The earlier article continues further down the page to provide additional details on trademark law.

🛠️ Current Fees and Costs

The trademark application fees set by the USPTO have not changed significantly in recent years. The fees depend on the application form and the number of classes of goods or services. For the most accurate and up-to-date fee information, checking the USPTO's official fee schedule is recommended.

📄 Application Forms

The USPTO still offers two main application forms: TEAS Plus and TEAS Standard. The TEAS Plus form has a lower fee but comes with stricter requirements. The TEAS Standard form is more flexible but incurs a higher fee.

Choosing the right form can impact the overall cost and processing time.

⏳ Processing Times

Current processing times for trademark applications can vary. Applicants should consult the USPTO's official website for the latest information on how long it may take for their application to be processed.

📋 Eligibility Rules

To register a trademark, it must be used in commerce and be distinctive. This means the trademark cannot just describe the goods or services but must uniquely identify them. This rule ensures that only truly distinctive marks receive protection under trademark law.

📌 Key Points to Remember

  • No significant changes in trademark symbols from 2024 to 2026.
  • Fees depend on the application form and classes of goods or services.
  • TEAS Plus is cheaper but stricter; TEAS Standard is flexible but costs more.
  • Processing times may vary; check the USPTO website for updates.
  • Trademarks must be used in commerce and be distinctive.

💡 Tips for Trademark Registration

Consider discussing your specific situation with an attorney to ensure you understand all aspects of trademark registration.

🔍 Conduct a Thorough Search

Before filing, conduct a comprehensive search for existing trademarks. This step helps avoid potential conflicts and increases the chances of your application being approved.

📝 Prepare Your Application Carefully

When filling out your application, ensure all information is accurate. Provide a specimen showing your trademark as used in commerce, which can be a label, packaging, or website screenshot.

⏰ Respond Promptly to Office Actions

If you receive an office action from the USPTO, you typically have six months to respond. Timely action can help keep your application on track.

🔄 Understand Maintenance Requirements

After your trademark is registered, remember to file maintenance documents at required intervals. This is essential to keep your trademark registration active and protect your brand.

🌍 Explore International Registration

If you plan to do business in other countries, look into the Madrid Protocol. This treaty allows you to register your trademark in multiple countries with a single application, simplifying the process.

🏆 Trademark Services Ranked by User Reviews (2026)

The following services offer trademark registration and related assistance. They fit the topic of this article well, providing various options for individuals and businesses looking to protect their brands. The order is based on Trustpilot data as of October 2026; keep in mind that scores may change over time.

Ratings can reflect overall customer satisfaction, but unhappy customers may leave more reviews, which can skew perceptions.

🥇 1. Rocket Lawyer

Rocket Lawyer holds a Trustpilot score of 4.5. This service is known for its legal document creation and trademark filing services. Reviewers appreciate the user-friendly interface but note that the subscription model may not suit all users.

🥈 2. LegalZoom

LegalZoom has been rated 4.6. This service is recognized for its online legal services, including trademark registration assistance. However, some users report delays in processing times, which could impact urgency for those needing quick registration.

🆓 Free Government Resources

The USPTO provides free resources like guides and webinars to help applicants understand the trademark registration process. Additionally, state governments often offer low-cost or free assistance for trademark registration within their jurisdictions. These resources can be valuable for those navigating the application process.

🔎 Factors to Compare When Choosing Trademark Services

  • 💰 Fees: Look at the costs associated with different services.
  • 🕒 Processing Times: Check how long processing takes for each service.
  • 📄 Application Support: Evaluate the level of assistance offered during the application process.
  • 🌍 International Options: Consider if the service offers help with international trademark registration.
  • 🗣️ Customer Reviews: Read user reviews to gauge satisfaction and potential issues.

❓ Frequently Asked Questions

❓ What is the difference between TM, SM, and ® symbols?

The TM symbol indicates a trademark claim, while the SM symbol is for service marks. The ® symbol can only be used for federally registered trademarks.

🔍 Do I need an attorney to file a trademark?

While you can file a trademark on your own, consulting an attorney can help ensure you meet all requirements and avoid common pitfalls.

⏱️ How long does it take to register a trademark?

Trademark application processing times can vary. For the most current information, it is best to check the USPTO's official website.

📊 Can I use a trademark without registering it?

Yes, you can use a trademark in commerce and establish common law rights, but these rights are limited to the geographic area where the trademark is used.

📅 What happens if my trademark application is denied?

If your application is denied, you will receive an office action explaining the reasons. You can address these issues and reapply or appeal the decision.

🔄 How often do I need to file maintenance documents?

After registration, you must file maintenance documents at specific intervals, such as between the fifth and sixth years and then every ten years, to keep your registration active.

⚖️ Recent Trademark Cases

Recent court rulings have focused on trademark disputes and registration issues, providing insights into how trademark law is applied. These cases highlight the importance of proper trademark use and registration.

For more information on recent rulings, visit more rulings on the news page.

End of October 2026 Update





The service mark symbol is a symbol that designates a symbol as a service mark. A service mark is a form of a trademark symbol used in many countries, usually in the United States, to identify a service rather than a physical product. They are used to identify services which have not yet been registered with the United States Patent and Trademark Office 

The service mark is identified by "SM" written in a superscript format directly after the trademark material. The service mark appears as follows:

[Service Mark Material]℠

SM Symbol

The trademark sign indicates that the trademarked material used by the company is intended to distinguish their services from other company services. This also helps customers by helping them to identify and distinguish between differing companies offering similar services.