📅 2026 Update: Trademark Symbols and Registration Process

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 largely the same. The following sections provide updates on important aspects of the trademark registration process.

📄 Current Fees and Application Forms

The trademark application fee set by the USPTO is still non-refundable, but the exact amount varies based on the application form used and the number of classes of goods or services included. It's essential to check the USPTO's official fee schedule for the most accurate and up-to-date information.

  • 📋 TEAS Plus: This form has a lower fee but comes with stricter requirements for approval.
  • 📝 TEAS Standard: This form offers more flexibility, but it carries a higher fee.

⏳ Application Processing Times

The processing times for trademark applications can vary. To find the most current information, applicants should refer to the USPTO's official website. Understanding these times can help set realistic expectations during the application process.

🧾 Eligibility Rules for Trademark Registration

To register a trademark, it must be used in commerce. This means that the trademark should be displayed in the sale or advertising of services. Additionally, the trademark must be distinct and not simply descriptive of the goods or services being offered.

📅 Important Deadlines for Applicants

If the USPTO issues an office action, applicants have six months to respond. After registration, maintenance documents must be filed at specific intervals to keep the registration active. Applicants should be aware of these timelines to maintain their trademark rights.

📌 Key Points Summary

  • No significant changes in trademark symbols from 2024 to 2026.
  • USPTO fees depend on the application form and classes of goods.
  • Processing times for applications may vary.
  • Trademarks must be used in commerce and be distinctive.
  • Timely responses to office actions and maintenance filings are essential.

💡 Tips for Trademark Registration

Review all details related to your trademark situation with an attorney.

🔍 Conduct a Thorough Search

Before applying for a trademark, perform a search of existing trademarks. This helps ensure your trademark is unique and minimizes the risk of infringement.

📝 Choose the Right Application Form

Decide between the TEAS Plus and TEAS Standard forms. Choose TEAS Plus for a lower fee if you meet its stricter requirements, or opt for TEAS Standard for more flexibility.

📄 Prepare an Accurate Specimen

When applying, provide a specimen that shows how the trademark is used in commerce. For goods, this could be a label, tag, or packaging. For services, a website showcasing the trademark may be sufficient.

📅 Be Aware of Maintenance Requirements

After your trademark is registered, remember that you need to file maintenance documents at specific intervals. This is crucial for keeping your trademark registration active.

🏷️ Understand Common Law Rights

Even without federal registration, using a trademark in commerce can create common law rights. These rights are limited to the geographic area where the trademark is used.

🏆 Trademark Services Ranked by User Reviews (2026)

In this section, we highlight services that assist with trademark registration. The following rankings are based on Trustpilot data as of October 2026. Scores can change over time, and star ratings reflect overall user experiences.

Keep in mind that unhappy customers often leave more reviews, so it is wise to consider various factors when evaluating these services.

🥇 1. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. This service is well-known for providing online legal services and support with trademark registration. However, some users report delays in processing times, which may affect your application experience.

🥈 2. Rocket Lawyer

Rocket Lawyer has a Trustpilot rating of 4.5. It specializes in legal document creation and offers trademark filing services. Some reviewers mention that the subscription model may not suit everyone's needs, which could be a consideration for those looking for a straightforward trademark registration process.

🆓 Free Government and Nonprofit Help

The USPTO offers free resources, including guides and webinars, to aid trademark applicants. Many state governments also provide free or low-cost assistance for trademark registration within their jurisdictions. These resources can be valuable for those seeking to navigate the trademark registration process without incurring high costs.

🔎 What to Compare When Choosing a Trademark Service

  • 📊 Trustpilot Ratings: Check star ratings and read reviews.
  • 💰 Fees: Compare costs associated with different services.
  • 🕒 Processing Times: Look into how quickly applications are processed.
  • 📄 Application Support: Determine what assistance is offered during the application process.

❓ Frequently Asked Questions

🤔 What is the difference between TM and ® symbols?

The TM symbol indicates that you are claiming rights to a trademark, while the ® symbol can only be used once your trademark is registered with the USPTO.

❓ How long does the trademark registration process take?

The USPTO's processing times for trademark applications can vary. It is best to consult their official website for the most current information.

❓ Can I register a trademark without using it in commerce?

No, to register a trademark, it must be used in commerce. This means it should be visible in the sale or advertising of services.

❓ What happens if I miss a maintenance filing deadline?

If you miss a maintenance filing deadline, you may risk losing your trademark registration. It is crucial to keep track of these timelines to maintain your rights.

❓ What are common law rights?

Common law rights can be established by using a trademark in commerce, even without federal registration. These rights are limited to the geographic area where the trademark is used.

❓ How can I find assistance for trademark registration?

The USPTO provides free resources, and many state governments offer low-cost assistance for trademark registration. These options can help guide you through the process.

⚖️ Recent Trademark Cases

Recent court rulings related to trademark law have influenced how trademarks are registered and enforced. Understanding these rulings can provide insights into the current landscape of trademark registration.

For more recent rulings, explore more rulings on the news page.

End of October 2026 Update





When a company creates a logo, symbol, phrase, or any unique visual element in order to present their product to the public through packaging and advertising mediums, that element is automatically protected under trademark intellectual property law. Though it is recommended, a trademark does not need to be registered with the United States Patent and Trademark Office (USPTO) to be under valid protection. 

Unregistered trademarks which companies own should be indicated through the use of a trademark symbol or trademark sign. The trademark symbol indicates that the element being presented is protected under law and should not be reproduced or replicated in any way that may cause customer confusion. Registered trademarks have a different symbol 

[Trademarked Material]™

TM Symbol

The trademark sign indicates that the trademarked material used by the company is intended to distinguish their company and/or brand name from other companies and names. This is intended to protectnot only companies but also  customers, who may thereby understand what they are purchasing from a business they are familiar with. When the trademark is registered with the USPTO, the trademark symbol is changed to a registered trade mark.