Increase in Trademark Applications Means Delays at the USPTOJune 24, 2021

Commissioner for Trademarks, David Gooder, recently announced that a surge of trademark application filings at the USPTO has created significantly longer processing times. Gooder stated that as of June 17, 2021, new trademark applications have increased roughly 63%, or about 211,000 more applications, over the previous year. In December 2020 alone, the USPTO received 92,608 trademark applications which is an increase of 172% over December 2019.

This increase in filings has resulted in significantly longer processing times for trademark applications. As of May 2021, the USPTO’s current average processing time for a new application is 5.2 months, while the average time from filing to registration is currently 10.5 months. Additional time estimates can be found here.

The USPTO has taken steps to shorten these review periods by implementing technology and system enhancements, as well as hiring additional examining attorneys and staff. However, until the USPTO is able to eliminate the backlog of applications, new applicants should expect a lengthier review process than previously encountered.

Potential trademark applicants should keep this in mind as they contemplate and prepare new trademark applications.

Brandon W. Clark is the Chair of the Copyright, Entertainment & Media Law Practice Group at McKee, Voorhees & Sease, PLC. For additional information, please visit www.ipmvs.com or contact Brandon directly via email at brandon.clark@ipmvs.com