It's Getting Harder to Register a Trademark
It’s getting harder to register a trademark - and not just a little harder. Quite a bit harder.
We’re talking about hundreds of thousands more applications flooding the United States Patent and Trademark Office (USPTO). In fact, there’s been a 63% surge in trademark filings over the last couple of years, with over 200,000 additional applications submitted compared to previous norms. That’s reason #1, and it’s a big one: the volume is off the charts.
Why? A few reasons...
More people are starting businesses than ever before.
E-commerce exploded post-2020 (ahem Covid).
Amazon updated its Brand Registry rules to require registered trademarks.
Entire industries shifted, pivoted, and rebranded.
And the result? A crowded trademark system…making it harder to find a name, get approved, and stand out.
Think of it like trying to get a good dot com. A decade ago, clean, one-word domains were easy to grab. Now? They're either taken, parked, or listed for $25,000+ on GoDaddy. So what do people do?
They start adding hyphens, extra letters, or go with awkward spellings just to find something that isn’t taken. And even then, it might still cost you thousands — and sound nothing like the brand you actually want to build.
Trademarks are following the same path ➡️ the longer you wait, the fewer options you’ll have.
But that’s just the start. Let’s talk about what else is slowing things down...
#2 - The Pandemic Shift
The ripple effect of COVID led to a massive boom in online businesses. Everyone wanted to protect their new digital brand and rightfully so. But with that came a tsunami of trademark filings the USPTO simply wasn’t prepared for.
#3 - Fraudulent Applications
Especially from abroad (hello, China), a flood of low-quality and fraudulent filings entered the system, clogging it up. These applications often include fake info, poor specimens, or outright lies, and every one of them takes time and resources away from reviewing your legitimate application.
#4 - Miscalculated Hiring at the USPTO
The agency wrongly predicted a filing slowdown during the pandemic, so they slowed hiring (BIG OOPS). But instead of a dip, they got a surge. Now they’re playing catch-up — which means you wait longer for your application to even be assigned to an examining attorney.
#5 - Mistakes That Cause Even More Delays
Incorrect class descriptions, vague product explanations, missing signatures (yep, it happened to Meghan Markle)... any mistake on your application = months of additional delay. And most DIY applications or cheap services get tripped up here.
#6 - New Response Timelines
Thanks to the Trademark Modernization Act, you now have only 3 months to respond to any Office Action from the USPTO (instead of 6). That puts more pressure on you and your legal team to act quickly, and missing that window? Could mean application abandoned.
Now, here's the point: It’s not going to get easier. Only harder. Every day you wait, more brands are born, more names are taken, and the USPTO backlog gets deeper.
And here’s the truth you really need to hear:
You’re not just filing paperwork, you’re planting the tree 🌳 your business will grow under.
There’s a reason people say:
“The best time to plant a tree was 20 years ago. The second-best time is today.”
A trademark is that tree.
It provides shade, security, and stability. It grows with you, protects what you’re building, and stands the test of time.
And your name? It matters.
Your brand is your name.
Your reputation. Your identity. Your legacy.
Don’t build an empire you might one day have to give up because someone else owns the rights to the name.
That’s why the smartest business owners don’t delay. They protect their brand.
They own it — fully and legally.
They build something lasting.
And the best way to do that? Work with a trademark-focused law firm that knows how to navigate the crowd, avoid the pitfalls, and get your application approved the right way — the first time.
So don’t wait for a cease-and-desist.
Don’t wait until your dream name is gone.
Don’t wait until rebranding costs you tens of thousands.
Plant the tree today.
Own your name.
Build your empire.
And we’ll be right here to help you protect every branch of it.
