How often do trademarks get rejected?
Asked by: Lawrence Prohaska | Last update: February 14, 2026Score: 4.7/5 (48 votes)
Trademark rejection is common, with over half of US applications facing an initial rejection (Office Action), often due to similarity to existing marks, descriptiveness, or application errors, though many rejections can be overcome by responding with legal arguments or amendments. While statistics vary, expect a significant chance of initial refusal, making pre-filing clearance searches and professional help crucial for success.
How often are trademarks rejected?
According to the United States Patent and Trademark Office (USPTO), most applications for trademarks are successful. However, around 1-in-5 trademark applications get rejected annually. For those who spend significant time and resources applying for a trademark, that rejection ratio may seem shocking.
What is the most common reason a trademark might be rejected?
If your trademark is confusingly similar to another trademark and the goods and services are related, consumers are likely to mistakenly believe these goods or services come from the same source. This is known as a likelihood of confusion, and it's the most common reason for refusing registration.
What is the success rate of trademark applications?
The approval rate for trademark applications in 2023 was 54%. This means that just over half of the applications submitted were granted. Understanding the factors that contribute to successful trademark applications can help applicants prepare stronger submissions, potentially increasing their chances of approval.
Can a trademark be rejected?
If a mark is too similar to an already registered trademark or a mark whose application is pending, and the goods and/or services are similar, the USPTO may refuse registration. The logic is that this similarity may confuse consumers. Therefore, applicants should be sure that their marks are unique before applying.
5 Reasons Why Your Trademark Application Might Get Rejected
Do you get your money back if your trademark is denied?
For example, in the United States, the United States Patent and Trademark Office (USPTO) does not refund application fees for rejected trademark applications.
Is it difficult to get a trademark?
A trademark is usually perceived as hard to get since the process can take a long time and the rules differ quite a bit between countries, but the process can be made manageable by addressing each step one at a time.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
Is it better to trademark or LLC?
An LLC (Limited Liability Company) creates a legal business structure that separates personal and business assets for liability protection, while a trademark protects your brand identity (name, logo, slogan) to prevent consumer confusion, with an LLC being the foundation and a trademark securing your brand's unique identifiers, serving different but complementary roles in business formation and protection. You usually form the LLC first as the legal entity and then register a trademark to protect your specific brand name and logo used within that business.
Why are most patents rejected?
Essentially, patent applications often fail due to obviousness, meaning the invention is considered an obvious improvement of existing solutions. In fact, In 2023, 35% of rejected patent applications cited “lack of clarity” as a key reason (USPTO Annual Report, 2023).
Can you lose a trademark if you don't use it?
Non-use: You can't keep a trademark that you don't use. In the United States, if you fail to use a trademark in any way for three consecutive years, the United States Patent and Trademark Office (USPTO) will consider it abandoned.
What are the absolute grounds of refusal of trademarks?
In Short, Section 9 provides absolute grounds for refusal based on the intrinsic characteristics of a mark, such as lack of distinctiveness, descriptiveness, deceptive elements, and offensive or scandalous content.
How to see if a name is trademarked?
Information about federal trademarks is available from the United States Patent and Trademark Office. Information about state trademarks is typically available through the websites of Secretary of State offices.
How long do trademarks take to get approved?
While there are ways to expedite the trademark registration process, you should count on about 10-18 months to have your trademark approved.
What percent of patents get approved?
The patent allowance rate at the USPTO is 54%. This means that slightly more than half of the patent applications submitted are eventually approved. For inventors, this statistic highlights the importance of submitting well-prepared applications with detailed descriptions and robust claims.
What is the lifespan of a trade mark?
What is the Lifespan of a Trade Mark? A registered trade mark can be protected forever, provided it is renewed every ten (10) years upon payment of the prescribed renewal fee.
Is it better to trademark a name or logo?
Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name.
What names to avoid for LLC?
You should avoid LLC names that are misleading, offensive, too similar to existing brands, or use restricted words like "Bank," "Trust," or "Insurance" without proper licensing; also steer clear of implying government affiliation or illegal activity and names that are hard to spell or remember, as these can cause legal issues, confusion, or hinder branding.
Can I put a trademark under my LLC?
If you have an LLC, it's definitely possible to trademark your business name, and it's often a great idea! While registering your business as an LLC keeps other businesses in your state from using your business name, you can more fully protect your brand from copycats by registering a trademark.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Can I put a Nike logo on a shirt for personal use?
Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.
Can I trademark a logo I made on Canva?
Creating logos you can register as a trademark
However, you can't use stock content (e.g. photos and graphics) as we only give you a non-exclusive license to this. Other Canva users are free to use the same content which means that using stock content for your logos isn't suitable for use in a trademark.
Did Taylor Swift trademark her name?
Yes, Taylor Swift has trademarked many aspects of her brand, including her name, album titles, song lyrics, tour names, and even her cats' names, to control commercial use, prevent unauthorized merchandise, and maintain brand integrity, protecting everything from music to apparel and digital content across numerous countries. Her proactive strategy involves trademarking common phrases like "This Sick Beat," tour titles like "The Eras Tour," and even unique terms like "Swiftmas" and "Taylor-Con," securing control over her extensive creative output and brand extensions.
What are common trademark mistakes?
Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.
Can I file a trademark by myself?
Yes, you can register a trademark yourself in the U.S. if you are domiciled in the U.S., but it's complex, and hiring an attorney specializing in trademark law is strongly recommended to avoid costly mistakes with search, classification, and legal requirements. While the USPTO offers online tools and guides, issues like selecting proper goods/services (classes), conducting thorough conflict searches, and understanding filing bases are common pitfalls for DIY filers. Foreign-domiciled applicants must use a U.S.-licensed attorney.