USPTO Releases May 2026 TMEP Update: Enterprises Filing U.S. Trademark Applications Should Monitor Changes in Examination Practice

The United States Patent and Trademark Office (USPTO) has released the May 2026 update to the Trademark Manual of Examining Procedure (TMEP). The TMEP is an important reference for U.S. trademark examination procedures and covers trademark applications, examination, amendments, responses, publication, registration, and related procedural matters.

This update incorporates recent precedential trademark decisions and clarifies or formalizes certain existing procedures. For enterprises intending to apply for U.S. trademarks or already selling products, managing brands, engaging in licensing or agency arrangements, or operating cross-border e-commerce in the U.S. market, the TMEP update reflects important directions in U.S. trademark examination practice and warrants continued attention.

A U.S. Trademark Application Is More Than a Filing Procedure

The U.S. trademark system places importance on actual trademark use, the identification of goods and services, the filing basis, determinations of distinctiveness, and evidence of use. If enterprises directly apply their filing experience from Taiwan or other markets when filing a U.S. trademark application, they may face an office action or refusal because the identification of goods and services is imprecise, the evidence of use does not satisfy requirements, the trademark lacks distinctiveness, or the trademark is similar to an existing trademark.

Therefore, before filing a U.S. trademark application, enterprises should confirm the brand name, logo or representation, scope of goods and services, actual use, and future market strategy and conduct an overall assessment in accordance with U.S. trademark examination standards.

Practical Significance of the TMEP Update for Enterprises

Although the TMEP is an examination procedure manual, its contents affect how examining attorneys evaluate trademark applications, including whether a trademark possesses distinctiveness, whether the identification of goods and services is sufficiently clear, whether evidence of use is acceptable, whether applicant information is accurate, and how amendments or responses should be submitted when an office action is issued.

For enterprises, monitoring TMEP updates helps them understand the direction of U.S. trademark examination practice, reduce uncertainty during the application process, and improve the completeness of pre-filing searches, filing document preparation, and response strategy planning.

Key Considerations for U.S. Trademark Applications

• Trademark Distinctiveness: If the applied-for mark is overly descriptive of the characteristics, quality, intended use, or service content of the relevant goods or services, it may face an office action concerning insufficient distinctiveness.
• Identification of Goods and Services: U.S. trademark applications require a high degree of specificity in the identification of goods and services. The wording should not be overly vague or unclear in scope.
• Selection of Filing Basis: Enterprises should develop an appropriate filing strategy based on use in commerce, intent to use, a foreign application, or a foreign registration.
• Preparation of Evidence of Use: If the application is based on use or a Statement of Use will subsequently be submitted, enterprises should confirm whether the actual manner of trademark use, product sales webpages, packaging labels, and evidence of use for services satisfy the applicable requirements.
• Risk of Similar Trademarks: A U.S. trademark search should be conducted before filing to assess whether identical or similar trademarks exist and reduce the risk of refusal or subsequent disputes.

Recommendations for Intellectual Property Strategy

AIPT Group advises that enterprises identifying the United States as an important sales market, brand licensing territory, cross-border e-commerce market, or location for investment cooperation should develop a U.S. trademark strategy at an early stage. In addition to considering the likelihood of registration, a U.S. trademark application should also take into account actual evidence of use, the classification of goods and services, brand extension plans, and subsequent maintenance obligations.

Enterprises that have already obtained U.S. trademark registrations should also continue to monitor renewals, declarations of use, rights maintenance, and market monitoring to avoid affecting the validity of their trademark rights because of insufficient evidence of use, missed deadlines, or failure to address infringement risks promptly.

U.S. Brand Strategy Should Be Incorporated into a Global Trademark Strategy

For many enterprises, the U.S. market is not only a sales market but also an important arena for brand internationalization, licensing cooperation, investment and fundraising, and distribution channel expansion. When planning a global trademark strategy, enterprises should develop U.S. trademark filing and maintenance strategies in advance based on product launch schedules, sales platforms, agency partnerships, trade show exposure, and future brand extension needs.

AIPT Group will continue to monitor developments in the USPTO trademark system, examination practices, and international trademark policies, assisting enterprises with U.S. trademark searches, applications, responses to office actions, preparation of evidence of use, international trademark strategies, and subsequent rights maintenance to help clients establish a more comprehensive overseas brand protection framework.

Source: USPTO｜Trademark Manual of Examining Procedure update now available