Global trademark filings have roughly doubled in the last ten years, from 6.0 million in 2015 to 11.7 million in 2024, meaning the name you want to register is increasingly likely to already be registered somewhere.
In 2024 China made up nearly half of global filings, the USPTO dealt with somewhere between 700,000 and 900,000 applications, and India filed about 540,000. These are huge volumes that make the trademark world feel a lot more crowded.
Key Points:
- Trademark filings have doubled, making it much harder to find an available name.
- E-commerce growth and COVID-era brand launches fueled a surge in global applications.
- Cross-border selling increases conflicts since names often clash across countries.
- File early in key markets and use experienced IP and local counsel to reduce risks.
Just a heads-up: We are not attorneys and this isn’t legal advice – just helpful info. For specific trademark questions, always consult with a qualified IP attorney.
Why Did This Happen?
E-commerce has changed how businesses reach customers. Marketplaces like Amazon, Etsy and Shopify let sellers operate worldwide without a physical storefront, so a small merchant in one country can sell to buyers on the other side of the globe with a few clicks. That democratization of selling has created more sellers, more brands, and, unsurprisingly, more trademark filings.
The COVID-19 pandemic sped this up: in 2020 many businesses rushed online and sought protection for new product lines, producing a spike in trademark applications as companies raced to establish an online presence.
It’s not only filing – enforcement has also grown. More filings equals more oppositions, more watch/monitoring, more takedowns on marketplaces. In a world full of counterfeits and ‘dupes,’ brands are pushed to act fast. If a knockoff shows up, brands rush to register and enforce their marks which could drive more filings and disputes.
The Cross-Border Problem
The cross-border challenge adds another layer of complexity for brands. Most businesses today sell in multiple markets and protecting a name internationally requires filing in each country. Each extra filing raises the chance of a conflict: a name available in the U.S. may already be registered in Europe, China, India, or elsewhere. The more markets you target, the harder it can become to find a single name that works everywhere you want it to.
What You Can Actually Do About It
- Define a focused footprint. Prioritize 3–5 key markets where you will actually sell, manufacture or otherwise establish a presence and file there first. The larger your filing footprint, the greater the likelihood of overlap and conflict … and the harder it becomes to secure a viable name.
- Engage IP professionals early. Talk to an IP agency or experienced counsel before you settle on a name. They’ll run thorough clearance searches, check registrability across classes and countries, and help craft a filing and enforcement plan that reduces the risk of an expensive rebrand.
- Use local counsel in complex or fast-changing markets. Places like China and India may have their own rules and enforcement practices. Local lawyers know the procedural shortcuts, can spot likely conflicts, and often make filings and enforcement much smoother.
Taken together, these steps help you protect a name more efficiently and reduce exposure to conflicts.
When to Get Help
Trademark law can be complicated, and the rules differ widely from country to country. Strategies that succeed in the U.S. can fail in China. Practices accepted in Europe may be rejected in India.
Working with experienced IP attorneys is about far more than paperwork. These professionals perform thorough clearance searches, identify conflicts you might miss and also advise which disputes are worth pursuing and which can be avoided.
Local expertise can also be especially important in fast-growing or procedurally unique markets. China, India and similar jurisdictions may have rules and practical shortcuts that can trip up foreign applicants, but that local knowledge can also streamline filings and reduce exposure to enforcement risk.
Engage IP counsel early. It usually saves time, expense and the headache of a forced rebrand later.
The Bottom Line
The trademark landscape has become marked as more crowded over the past decade. That doesn’t make brand protection impossible. It just means you need a smarter and more disciplined approach. Prioritize where you file and choose inherently distinctive names with a stronger chance of registration and file early to reduce the risk of conflicts. Engage IP counsel and local counsel for unfamiliar markets to run clearance searches, shape a filing strategy and advise which disputes are worth pursuing.
Above all, avoid falling in love with a name before you’ve cleared and protected it. Building a brand around an unavailable mark is costly. With roughly 11.7 million trademark filings a year, cautious, proactive IP planning isn’t optional and it’s essential.
Just a heads-up: We are not attorneys and this isn’t legal advice – just helpful info. For specific trademark questions, always consult with a qualified IP attorney.
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Transcription:
Ashley Elliott (00:05):
Hey guys, my name is Ashley and welcome to naming in the AI Age. Today I’m going to explain why getting a name trademarked is so difficult, along with some tips that we’ve seen people use in getting successfully through
(00:16):
Disclaimer, we’re not attorneys. This is not legal advice, and this is for educational purposes only.
(00:22):
Global trademark filings have doubled. They arose from 6 million in 2015 to about 11.7 million in 2024. You’ve read that right? 11.7 million. So yes, there are a lot of names out there already. Twice as many filings from 10 years ago means far more brands to avoid. When you pick a name. Most of those filings are clustered in a few key countries, China alone to nearly half of the global filings. And in the US the USPTO handled roughly 700,000 to 900,000 applications. Those numbers mean that a name you love is probably already filed somewhere already. And let’s dive into some reasons why. With the internet, anyone can sell to the world. Marketplaces like Amazon, Etsy, Shopify, they let those small sellers reach global buyers. The more sellers you have, the more names that are taken.
(01:07):
Trademark filing peaks also came from e-commerce increasing during COVID. The 2020 jump was driven by a wave of online first sellers and businesses racing to protect new product lines.
(01:16):
It’s not only the filing, though that’s increased. Enforcement has also grown. There are more filings which equal more oppositions, more watching, monitoring, more takedowns in the marketplace. In a world full of counterfeits and dupes, brands are pushed to act fast. If a knockoff shows up, brands may rush to register, enforce their marks, which could drive up more filings and drive up disputes. Cross-border business has also increased companies file in multiple countries to protect themselves, which really multiplies the amount of applications potentially in and around your space, which makes it harder to get through.
(01:47):
New markets are growing fast. India and other emerging markets are filing huge numbers too.
(01:53):
India filed roughly 540,000 trademarks in 2024. So what does all this mean? Well, with the explosion of trademark filings, you are playing a global name game. So what can you do about it? Well, first you can be strategic in your footprint. Where are you planning to sell? Focus then on those three to five priority markets, once you decide where you’re actually going to sell and manufacture it, then file there first. We’ve had people come to us and say, well, they want their name everywhere. Well, don’t we all? But you don’t realize that the larger your footprint, the higher likelihood of overlap and conflict. And then the harder it can be to have a viable name. We always recommend consulting a professional agency or IP counsel before locking and loading on any name they live and breathe in the trademark territory and can often provide some strategy and insight or get local help when needed. Think about this, China, India. Other fast-growing markets have local rules, local competitors. Some may have international rules or local shortcuts that can make files simpler. So working with local counsel in that country could potentially say headaches and streamline filings. So what’s the final takeaway here? Well try your best to pick a distinctive name, file early in the markets where you’re actually going to sell and get local counsel and help when you need it. Thanks for tuning in, and remember to name Smart Protects Early. See you next time.
