Why Getting a Trademark Registration Is So Much Harder

In this episode of Naming in the AI Age, Ashley Elliott explains why trademarking a name has become increasingly challenging. Global trademark filings have nearly doubled over the past decade, from 6 million in 2015 to 11.7 million in 2024, with significant concentrations in countries like China and growing activity in emerging markets such as India, which filed roughly 540,000 trademarks in 2024. The rise of e-commerce, especially during COVID, fueled spikes in filings as online-first sellers raced to protect new product lines. This growth in filings has led to more oppositions, monitoring, and marketplace enforcement, making it harder to secure a name. To navigate this complex landscape, Ashley advises focusing on priority markets, selecting distinctive names, filing early, and working with professional or local IP counsel to streamline filings and avoid conflicts. The key takeaway: Name smart and protect early.

Disclaimer: We are not attorneys and do not provide legal advice. We always recommend consulting an IP attorney.

Chapters

• 0:05 Introduction
• 0:22 Global Trademark Trends
• 1:07 E-Commerce & COVID Impact
• 1:16 Enforcement Challenges
• 1:47 Emerging Markets Growth
• 1:53 Strategic Filing Advice

Transcript

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 SBTO 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.