📅 2026 Update: Changes in Trademark Law

Since the original article on trademarks was published, there have been several important updates in trademark law. These changes impact fees, classifications, and processing times. Readers can find more details about the older information further down this page.

🆕 Updates to Fees

The United States Patent and Trademark Office (USPTO) updated trademark fees on January 18, 2025. The base application fee is now $350 per class for electronic filings. This change replaced the previous TEAS Plus and TEAS Standard tracks.

🏷️ Nice Classification Changes

On January 1, 2026, the USPTO updated the Nice Classification system. This update added new goods and deleted others in eight class headings. The aim is to better define and identify what goods can be registered.

⏳ Processing Times

As of October 1, 2026, the average time from filing a new trademark application to the first examining action is 4.3 months. The average time to registration or abandonment is 10.4 months. These processing times are important for anyone considering a trademark application.

📄 Application Requirements

To apply for a trademark, the application must be based on actual use in commerce or a genuine intention to use the mark. Additionally, goods and services must be clearly identified and classified according to the updated Nice Classification.

📌 Key Points

  • Updated fees: New base application fee of $350 per class.
  • Nice Classification: Changes effective on January 1, 2026.
  • Processing times: Average of 4.3 months to first action.
  • Application basis: Must show actual or intended use.
  • Goods and services: Must be clearly identified.

💡 Tips for Trademark Registration

Review the details of your situation with an attorney to ensure you understand your options.

📝 File Electronically

Always file your application electronically via the USPTO's Trademark Electronic Application System (TEAS). This method streamlines the process and helps avoid delays.

⏰ Keep Deadlines in Mind

Be aware of important deadlines, like the six-month window to file a Statement of Use after receiving a Notice of Allowance. You can request an extension for an additional six months.

📋 Use the Right Classifications

Ensure that the goods and services you wish to trademark are correctly classified based on the Nice Classification. This helps in correctly identifying your trademark’s market.

💵 Budget for Fees

Plan for the various fees associated with trademark registration. These include the base application fee, costs for amendments, and renewal fees over time.

🔄 Monitor Processing Times

Stay informed about processing times. As of now, it takes an average of 10.4 months from filing to registration. Knowing this can help you manage your expectations.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services met the review threshold for trademark assistance. Therefore, this section lists free government and nonprofit resources available to help with trademark registration.

🥇 1. USPTO Resources

The USPTO offers free guides and webinars to assist with trademark registration. Their customer service is also available to answer questions. This service is beneficial for anyone looking to understand the trademark process better.

🥈 2. Small Business Administration (SBA)

The Small Business Administration provides resources and counseling focused on small businesses. They include information on trademarks, making it easier for business owners to navigate the registration process.

🥉 3. Local Small Business Development Centers (SBDCs)

Local Small Business Development Centers offer free or low-cost assistance for business matters, including trademarks. These centers can guide you through the registration process.

🔎 Things to Check Before Paying for Help

  • 🆓 Confirm if the service is free or low-cost.
  • 📋 Verify the provider's qualifications.
  • 📅 Understand the timeline for services offered.
  • 🛠️ Look for reviews or testimonials from other users.

❓ Frequently Asked Questions

❓ What is the current base application fee for trademarks?

The current base application fee is $350 per class for electronic filings as of January 2025.

🕒 How long does it take to get a trademark approved?

On average, it takes about 10.4 months from filing a trademark application to either registration or abandonment.

🗓️ What are the deadlines for filing a Statement of Use?

You must file the Statement of Use within six months of receiving a Notice of Allowance, with the option for a six-month extension.

📜 How are goods classified for trademarks?

Goods and services must be clearly identified and classified according to the Nice Classification system, which was updated on January 1, 2026.

🚫 What happens if I don't use my trademark?

The Trademark Modernization Act allows for new tools to challenge trademark registrations based on non-use, including expungement and reexamination.

📈 What resources are available for trademark help?

The USPTO, the SBA, and local SBDCs offer free resources and support for those seeking help with trademarks.

⚖️ Recent Trademark Cases

There have been important recent court rulings that impact trademark law. These rulings connect to the processes and classifications discussed in this article.

For more recent rulings, you can browse more rulings on the news page.

End of October 2026 Update





Registering a trademark can be considered to be a complex process. In order to register trademarks, one should be well aware of what a trademark is and the inherent legal issues and rights that are bestowed with a trademark.

A trademark is a right given to protect a particular word, symbol or design. Examples can include the word "coke," and the shape of the Coca-Cola bottle. Therefore, any particular idea that falls within the definition of a trademark will be needed. However, it is also required that a person with a particular idea for a trademark verify that the idea itself has not already been trademarked by another party. One must check with the United States Patent and Trademark Office (USPTO) and conduct a formal search of the idea in order to avoid any potential legal consequences.

If the trademark idea proves to be original and valid, one must then file with the USPTO a Federal Trademark Application Form, which will require the basic information of the applicant, a precise description of the idea, and the necessary fees. 

Trademarks At A Glance