statistics on trademarks

How many active trademarks are there in the USPTO Trademark Register? And other trademark statistics

  • 24 April, 2024
  • Nyall Engfield

26 Important Trademark Statistics

How many active trademarks are there in the USPTO Trademark Register? How many trademarks are 1a vs 1b? Which country and applicant are responsible for the most trademark applications? Here are some critical trademark statistics as of April 2024.

Here are 20 statistics related to U.S. trademarks, including details about live marks currently registered, applications, and trends within the United States Patent and Trademark Office (USPTO):

1. **Total Active Trademarks**: As of the most recent data in Q2 2024, there are 3,218,256 active trademark registrations in the U.S. Trademark Register.

2. **Annual Applications**: The USPTO receives over 500,000 trademark applications annually. It received 737,018 in 2023 and by Q2 2024 had already received 367,322 applications for 2024. In the most recent accounting (Q2 2024), there were 367,322 applications, of which 200,327 (54.5%) were TEAS PLUS, 137,726 (37.5%) were TEAS Standard and 29,269 (8%) were Madrid applications.

3. **Growth in Applications**: There has been a steady increase of about 5-10% per year in the number of trademark applications filed.

4. **International Applicants**: Approximately 20% of trademark applications in the U.S. come from international applicants.

5. **Electronic Filings**: Around 99% of all trademark applications are now filed electronically through the USPTO's online system.

6. **Principal Register vs. Supplemental Register**: The majority (90%) of active trademarks are on the Principal Register, which provides broader protections, while a smaller portion (about 10%) is on the Supplemental Register. Trademarks on the Supplemental Register have relatively more strength today then five years ago, due to more descriptive marks being filed.

7. **Most Popular Classes**: Trademark Class 9 (which includes computer software and electronics) and Class 35 (which includes advertising and business management services) are among the most commonly filed classes. Class 025 for clothing is one of the most popular goods classes.

8. **Average Processing Time**: The average time from trademark application to registration is currently about 12 months.

9. **Initial Refusal Rate**: Approximately 70% of all trademark applications receive an initial refusal, often due to likelihood of confusion or descriptiveness.

10. **Opposition Filings**: Roughly 3% of trademark applications that reach the publication phase are opposed. Monster Energy is one of the most prolific opposers, and is rumored to oppose any mark with the word MONSTER no matter the goods/services.

11. **Appeals**: About 10% of refused trademark applications are appealed to the Trademark Trial and Appeal Board (TTAB). Here

12. **Trademark Renewals**: Approximately 50% of trademarks are renewed at the 10-year mark.

13. **Trademark Litigation**: Each year, there are about 3,000 trademark lawsuits filed in U.S. federal courts.

14. **Most Litigious Companies**: Large companies, particularly in the tech and consumer goods sectors, are the most frequent filers of trademark litigation.

15. **Fast Track Applications**: The USPTO offers a "TEAS Plus" application process, which promises faster review for an increased fee, used by about 75% of applicants. There is a "faster track" that includes a Petition to Make Special, which can be used in cases of infringement and is used by less than 1% of applicants.

16. **Success Rate of Fast Track**: The allowance rate for TEAS Plus applications is slightly higher than the normal track.

17. **Geographic Distribution**: California, New York, and Texas are the states with the highest number of trademark filings.

18. **Effect of Pandemic**: The year 2020 saw a significant spike in trademark applications, particularly for medical and technological goods and services.

19. **Economic Impact**: A 2012 USPTO study found that industries with intensive trademark registration contribute significantly to U.S. GDP.

20. **Popular Symbols**: The most commonly registered types of marks include word marks, followed by designs and logos.

21. **Total Pendency**: On average, over the last three years, trademark application take 14.5 months to some kind of conclusion, namely notice of abandonment, notice of allowance, or registration (for applications based on use under 1a or foreign registrations under 44e). It excludes trademarks that are suspended or under inter partes proceedings like oppositions.

22. **Pendency by Filing Method**: on average, TEAS PLUS applications take 13.6 months to registration, TEAS Standard take 15.3 months to registration and Madrid take 15.5 months, this as of Q2 2024. Paper filings take 40.1 months.

23. **Statement of Use Pendency**: on average, the number of days to process a Statement of Use (SOU) is 16 days, and the registration typically follows 3.5 months after filing the SOU.

23. **Filing Basis**: 45% of trademarks have filing basis 1b intent-to-use, and 41% are filed 1a in-use. Madrid and 44e (foreign registration) are 7% each, and don't require a showing of use to register.

24. **New Registrations**: there were 414,043 marks that registered in 2023, and in Q2 2024 there had already been 219,113 registrations of trademark applications.

25. **Foreign applicants vs Domestic**: In Q2 2024, there are 66,443 (58%) domestic applicants filing, 33,012 (29%) foreign applicants filing trademarks, and 14,490 (13%) Madrid applicants (mostly foreign).

26. **Most Trademark Applications**: The most prolific trademark filer in recent years is Tencent, according to data from Corsearch's Industry Trademark Report for 2022. Tencent, a major Chinese multinational conglomerate, led the global trademark filings, followed by companies like LVMH, Amazon, Huawei, and Johnson & Johnson.

These statistics highlight the dynamic nature of trademark registration and protection in the U.S., reflecting both domestic economic trends and global interaction in the marketplace.

 

 

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