Application success rate in the United States: 5-year trend
The United States has experienced steady fluctuation in trademark application success rates, with the average of 56.91%. This lower success rate reflects the complexity of the process and the rigorous examination standards applied by the United States Patent and Trademark Office (USPTO).
Applications filed in | Registered | Filed | Success rate |
|---|---|---|---|
2019 | 279,663 | 472,246 | 59.22% |
2020 | 396,812 | 639,419 | 62.06% |
2021 | 379,497 | 642,485 | 59.07% |
2022 | 284,805 | 521,324 | 54.63% |
2023 | 264,143 | 544,707 | 48.49% |
Total (average) | 1,604,920 | 2,820,181 | 56.91% |
Comparison to major IP Offices
The US’s 56.91% success rate is higher compared to Canada (50.76%), but significantly lower than other major jurisdictions such as the EU (90.80%) and the United Kingdom (86.22%).
Country | Success rate |
|---|---|
The United States (USPTO) | 56.91% |
Canada (CIPO) | 50.76% |
The European Union (EUIPO) | 90.80% |
Australia (IPA) | 52.52% |
The United Kingdom (UKIPO) | 86.22% |
This reflects some key differences in examination procedures and regional factors:
High Application Volume: The US sees one of the highest numbers of trademark applications globally, leading to more competition. With so many filings, the likelihood of conflict with other applicants or previously registered trademark tends to be higher than in other countries.
Rigorous Examination Process: The USPTO has a reputation for a strict examination process that includes a detailed review of distinctiveness and potential conflicts with existing marks. This often results in the issuance of Office Actions, requiring further clarification or amendments, which can delay or derail an application.
Non-Ex-Officio Jurisdiction: Unlike some other jurisdictions where the IPO may issue a trademark without input from the applicant (e.g., Monaco), the USPTO requires active engagement from applicants. As a result, the application process can be more challenging and lengthy, leading to lower success rates.
How to maximize your chances of registration success in the United States
With a success rate of only 56.91%, successfully registering a trademark in the United States requires careful planning and a strong understanding of USPTO procedures. To improve your likelihood of approval, it’s recommended to begin with a comprehensive trademark search to identify any potential conflicts. Ensure that your mark is distinctive and not merely descriptive, and clearly define the goods and services associated with your application.
Working with a qualified trademark attorney is one of the most effective ways to increase your chances. An attorney can help navigate the complexities of the USPTO process, respond effectively to Office Actions, and build a solid filing strategy from the start.
If you are currently preparing to submit your first trademark application, we’ve put together a detailed guide on how to strengthen your chances of success, with multiple pieces of advice directly from our trademark attorneys with years of experience. You can also take advantage of Trama’s free lawyer’s check to receive expert feedback on your trademark and guidance on the best steps forward.
