USPTO Trademark Application Trends, A Decade in Review
USPTO Trademark Applications
30 %
of all USPTO trademark applications include an image
69 %
of all USPTO trademark applications are text-only
Successful USPTO Trademark Registration Rates
Trademarks with Images vs. Word Marks
Registration success rates are dropping for both image and text marks, with a steeper decline for image marks.
Why?
It is getting harder for the new marks to differentiate from the growing body of existing trademarks.
Text is easier to pick and be examined, but once a word or phrase is registered trademark, it is no longer available for future applications under related classes.
Image marks are harder to design and be examined.
Registration Success Rates: Image Marks
It’s getting harder to successfully register a trademark with a design element.
First-Time Applicants’ Registration Success Rates
It’s harder for first-time applicants to register trademarks with design elements.
Image marks are more likely to be denied or opposed for first-time applicants.
Image marks are issued more Office actions before getting registered.
New applications may feature images more frequently as we exhaust the number of common English words to use as trademarks.
A thorough clearance search is crucial for saving time and money.
Image Marks: Top Classes
025 Clothing and Apparel Products
035 Advertising, Business and Retail Services
009 Computer and Software Products and Electrical and Scientific Products
041 Education and Entertainment Services
042 Computer and Software Services and Scientific Services
Word Marks: Top Classes
009 Computer and Software Products and Electrical and Scientific Products
035 Advertising, Business and Retail Services
005 Pharmaceutical Products
032 Light Beverage Products
012 Vehicles and Products for Locomotion by Land, Air, or Water