📅 2026 Update: Trademark Symbols and Registration Insights

Since the original article was published, there have been no significant changes to the use of trademark symbols (TM, SM, and ®) from 2024 to 2026. Readers can still use these symbols to signal their trademark claims. The details provided in the earlier article remain relevant as they continue to outline the trademark registration process.

📝 Current Fees and Costs

  • 💰 Trademark Application Fee: The USPTO charges a non-refundable fee for filing a trademark application. The fee varies based on the application form used and the number of classes of goods or services. For the latest fee details, refer to the USPTO's official fee schedule.

📄 Application Forms

  • 📋 Application Forms: Two primary forms are available for applicants. The TEAS Plus form has a lower fee but stricter requirements, while the TEAS Standard form offers more flexibility at a higher cost.

⏳ Processing Times

  • 🕒 Application Processing: The time it takes for the USPTO to process applications can differ. For the most accurate information, check the USPTO's official website.

📜 Eligibility Rules

  • ✅ Use in Commerce: To register a trademark, it must be used or displayed in the sale or advertising of goods or services. This is essential for fulfilling registration requirements.

📌 Key Points Summed Up

  • 🔍 No major changes in trademark symbol usage since 2024.
  • 💵 USPTO application fees depend on form and classes.
  • 📄 TEAS Plus has lower fees, while TEAS Standard offers more flexibility.
  • ⏳ Processing times vary; consult the USPTO for updates.
  • ✅ Trademarks must be used in commerce for registration.

💡 Tips for Trademark Registration

Consider discussing your specific situation with your attorney.

🔍 Conduct a Thorough Search

  • Before filing, search existing trademarks to ensure yours is unique. This step can save you time and money later in the process.

📄 Choose the Right Application Form

  • Decide between TEAS Plus and TEAS Standard. TEAS Plus is cheaper but has stricter requirements, while TEAS Standard offers more flexibility.

🕒 Keep Track of Deadlines

  • If you receive an office action from the USPTO, you usually have six months to respond. Mark your calendar to meet these deadlines.

📜 Provide Proper Specimens

  • Include a specimen showing how your trademark is used in commerce. For goods, this might be a label or packaging; for services, a website showing the trademark is acceptable.

🔄 File Maintenance Documents

  • After your trademark is registered, remember to file maintenance documents at specific intervals to keep it active.

🏆 Ranked by User Reviews (2026)

This section highlights services that assist with trademark registration, focusing on user ratings and experiences. The order is based on Trustpilot data as of October 2026, and scores may change over time. Ratings are just one part of user experiences, as unhappy customers tend to leave more reviews.

🥇 1. Rocket Lawyer

Rocket Lawyer has been rated 4.5. It is known for its legal document creation and trademark filing services. However, some users have noted that its subscription model may not fit everyone's needs.

🥈 2. LegalZoom

LegalZoom holds a score of 4.6. It offers a wide range of online legal services and trademark registration assistance. Some customers have reported delays in processing times, which is something to keep in mind when considering their services.

🆓 Free Government and Nonprofit Help

The USPTO provides free resources such as guides and webinars for trademark applicants. Additionally, many state governments offer free or low-cost assistance for trademark registration within their areas.

🔎 Key Considerations When Choosing Trademark Services

  • 🔍 Compare user ratings and reviews for insights.
  • 💵 Check the fee structure and any hidden costs.
  • 📅 Look for processing times and deadlines.
  • 🏆 Assess the level of customer support offered.
  • 📜 Evaluate the resources available for applicants.

❓ Frequently Asked Questions

❓ What happens if my trademark application is rejected?

If your application is rejected, you will receive an office action outlining the reasons. You can respond to the office action to address the issues raised.

❓ How long does it take to register a trademark?

The processing time for a trademark application varies. Checking the USPTO's official website will provide the most current estimates.

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

No, the ® symbol can only be used once your trademark is officially registered with the USPTO. Using it prematurely can lead to legal issues.

❓ What is a specimen in trademark applications?

A specimen is a sample showing how your trademark is used in commerce. It could be a label for goods or a website for services.

❓ How often do I need to file maintenance documents?

Maintenance documents must be filed at specific intervals, such as between the fifth and sixth year after registration, and then every ten years.

❓ Can I register my trademark internationally?

Yes, you can register your trademark in multiple countries through the Madrid Protocol, which allows a single application to cover over 100 member countries.

⚖️ Recent Court Cases Impacting Trademarks

Recent court rulings address various aspects of trademark law, including registration and enforcement issues. These cases help clarify the legal landscape surrounding trademarks.

Explore more recent rulings for additional insights on trademark cases in the news section: more rulings on the news page.

End of October 2026 Update





A trademark is an important intangible asset to a company, individual or entity which takes the form of a distinctive sign on goods and services. The sign is identified by consumers to distinguish a product from the similar goods or services offered by other entities. 

It may come in the form of a logo, image, sound, or words. A trademark is indicated by a trademark symbol which can come in several forms. An unregistered trademark has a superscripted "TM", an unregistered service mark has a superscripted "SM" and a registered trademark has a superscripted circled "R". Not only can a person identify if a mark is owned by an entity, but they will also know if it has been registered with the United States Patent and Trademark Office (USPTO).

Unregistered Trademark Symbol:

A company or entity may begin using a trademark immediately, no matter if it is a logo, sound, phrase or picture. They may place it in their advertisements, products and/or services to help establish themselves within the public eye. An unregistered trademark, while protected under United States intellectual property, does not have full protection offered through registration with the USPTO . Any person will be able to know if a trademark is registered by the trademark symbol which follows the actual trademark. It comes in the form of a super scripted "TM" (™).

An Overview of Different Trademark Symbols



Unregistered Service Mark:



A company may begin using service marks to establish themselves within the public eye immediately after their creation. Service marks are marks used to identify a company's services rather than products and are indicated by a superscripted "SM" (℠). 

This service mark symbol also shows that the service mark is not registered with or has not yet been approved by the USPTO. It also does not have full protection should another company or entity infringe on the service mark.

Registered Trademark Symbol:

It is in a company's best interest to protect their trademark symbol and service mark from infringement and keep those marks distinct in the public eye. To accomplish this, a company should register their marks with the USPTO, the organization which approves and holds records of registered trademarks and service marks. 

When a mark is registered, it is given full legal protection for infringement, and the mark will then be granted a superscripted circled "R" (®). A mark is given a valid registration for a certain amount of time until it must be renewed again. A company may renew the registration as many times as they need.