Trademark Filings in 2026: What Changed in the USPTO’s December 2025 TMEP Update

The United States Patent and Trademark Office (USPTO) issued its December 2025 revision of the Trademark Manual of Examining Procedure (TMEP), the primary reference used by examining attorneys and a key resource for trademark applicants, owners, and counsel.

The December 2025 update includes clarifications affecting domicile address requirements, specimen standards, and fraud-prevention procedures. These revisions are published on USPTO.gov and apply to trademark examination moving into 2026.

Below is a summary of the key points trademark filers should be aware of.

1. Clarified Domicile Address Requirements

Source: USPTO, TMEP December 2025 Revision

The USPTO refined guidance on what qualifies as an acceptable domicile address, particularly where applicants attempt to rely on mail forwarding services, virtual offices, or non-traditional workspaces.

Key Clarifications

  • A “domicile” continues to mean:

    • The applicant’s principal place of residence (individuals), or

    • The entity’s headquarters where senior officers direct and control business activities.

  • The update clarifies that certain flexible or shared workspace arrangements do not qualify as a domicile unless the applicant can demonstrate ongoing, regular use as a genuine base of operations.

  • Applicants domiciled outside the United States remain required to be represented by a U.S.-licensed attorney.

Why This Matters in 2026

  • Applications may be more likely to receive domicile-related inquiries.

  • Businesses using virtual offices or shared workspaces should be prepared to substantiate their operational presence.

2. Specimen Submission Guidance Reinforced

Source: USPTO, TMEP December 2025 Revision

The December update provides clearer guidance on acceptable specimens, reinforcing existing standards intended to prevent the submission of mockups or digitally altered evidence of use.

Key Points in the Guidance

  • A specimen must show the mark as it is actually encountered by consumers in commerce.

  • Digitally superimposed, staged, or artificially created displays do not qualify.

  • For digital goods and services (including software and online platforms), specimens should include:

    • Functional access points (such as “download,” “sign up,” or “purchase”)

    • Use of the mark in close proximity to the offering

    • Context demonstrating genuine commercial availability

  • Draft packaging, concept images, and mockups remain unacceptable.

Why This Matters in 2026

  • Specimens that do not clearly reflect real commercial use may face refusal.

  • Applicants relying on edited or AI-generated images should ensure they can substantiate actual use in commerce.

3. Continued Focus on Fraudulent-Filing Oversight

Source: USPTO, TMEP December 2025 Revision; USPTO Fraud Prevention Initiatives

The December 2025 revision reiterates procedural guidance for identifying potentially fraudulent filings, consistent with the USPTO’s ongoing fraud-prevention efforts.

What the Update Emphasizes

  • Examining attorneys may request supporting evidence earlier when filings raise concerns.

  • Applications may be flagged for internal review where indicators include:

    • Identical specimens appearing across unrelated applications

    • Filing patterns suggesting mass or automated submissions

    • Inconsistent or implausible domicile information

  • References are included to existing USPTO fraud monitoring and post-registration audit processes.

Why This Matters in 2026

  • Both new applications and maintenance filings may be reviewed more closely, particularly where filings involve foreign domiciles or questionable specimens.

Practical Takeaways for Trademark Filers

As these clarifications apply going into 2026, applicants should ensure their filings align with current USPTO expectations.

Recommended Steps

  • Confirm that your listed domicile address meets the USPTO’s definition.

  • Review specimens to ensure they reflect actual use in commerce.

  • Maintain documentation supporting use and operational presence.

  • Ensure compliance with U.S. counsel requirements for foreign-domiciled applicants.

The December 2025 TMEP update reflects the USPTO’s continued emphasis on accuracy, authenticity, and integrity in the trademark register. Careful preparation and compliance with these clarified standards can help reduce examination delays and avoid refusals in 2026.

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