How to avoid trademark rejections in 2025: The case for a search first approach
Trademark applications are on the rise, and as a result so are the risks associated with filing without searching. A search-first strategy is essential in 2025, and here’s why.
After a brief dip in 2022, global trademark activity rebounded strongly in 2024, and the momentum appears to be continuing throughout 2025. The Trademark Filing Trends 2025 report shows that the United States saw a 9.1% increase in trademark applications last year, with foreign applicants driving much of the growth. The UKIPO mirrored this trend with a 9.1% year-on-year rise, while the EUIPO processed nearly 150,000 new applications, with non-EU based applicants growing at a healthy 8.3%,
But as the volume of filings climbs and registers become more crowded, so does the complexity and the cost of getting it wrong.
The crowded register: A growing challenge for brand owners
Trademark registers have been growing in size for years, and they’re only getting more saturated. The rise in applicants in recent years clearly showcases the intensifying competition for unique, protectable brand names.
As registers fill up, it becomes increasingly difficult for businesses to find available marks. This scarcity often triggers a sense of urgency, leading to applications being filed before conducting proper clearance searches, or on the basis of quick – and insufficient – online checks. From startups to global corporations, companies are placing growing pressure on trademark attorneys to secure names quickly – sometimes at the expense of due diligence.
This ‘rush-to-file’ mentality carries significant risk. Filing without a comprehensive search increases the likelihood of conflicts, refusals and costly rebranding efforts, which ironically undermines the very speed and efficiency businesses aim to achieve.
Conducting a search before filing is a vital safeguard. With fewer names available and more potential for overlap, early clearance helps avoid expensive conflicts, improves the chances of successful registration and protects brand investments from the outset.
Uncover more insights into trademark filing volumes in our report.
The high cost of skipping trademark searching
Filing a trademark without a proper search is risky, expensive and avoidable. In 2023 alone, nearly 28% of USPTO trademark applications were unsuccessful, resulting in over $33 million in forfeited official fees.
The numbers speak for themselves. Across the EU and national registers, millions of active trademarks are already in place. In the UK alone, self-filed applications between 2022 and 2024 had a 17% failure rate, which is more than double the 7% failure rate for attorney-filed applications where prior searching is established practice.
Fail rates of filing with an attorney vs. self filed trademarks
The USPTO increased official fees by 40% in January 2025, making the financial stakes higher than ever. Despite other improvements to the service, the USPTO still takes around six months to examine new applications, meaning a U.S. trademark application filed today will not be examined at the USPTO until early 2026. Businesses are left exposed, but the real risk isn’t just the delay; it’s filing without knowing whether your brand is even registerable. Failed applications often lead to costly re-filings, legal disputes and even full-scale rebranding efforts.
Searching early and strategically should not be viewed as optional or expensive: it’s an essential investment in creating new brands. It enables smarter decisions, faster approvals, and stronger brand protection.
In 2023, the USPTO reported:
- Total applications: 524,982
- Registered: 246,214 (46.9%)
- Still pending: 132,089 (25.2%)
- Unsuccessful: 146,679 (27.9%)
Application outcomes (Total 524,982)
The tech revolution: How AI is changing the trademark searching game
Artificial intelligence and machine learning are driving a significant evolution in trademark clearance, addressing a critical challenge faced by many organizations: the need to balance speed-to-market with legal certainty.
In fast-paced commercial environments, traditional trademark search processes, which were historically manual and time-intensive, may be frequently overlooked to avoid delays in brand launches. However, this approach increases the risk of conflicts, enhances future rebranding requirements, and opens brands to legal disputes, all of which can be costly and damaging to brand equity.
AI-powered trademark search solutions, such as Clarivate Brand Landscape Analyzer, offer a strategic alternative. By leveraging advanced algorithms and expertly curated global data, AI trademark tools deliver comprehensive and accurate search results in a fraction of the time. Unlike basic search tools that focus solely on identical matches, AI-driven systems analyze verbal similarities, visual elements and conceptual associations. This holistic approach enhances the ability to detect potential conflicts early in the process, supporting more informed and confident filing decisions.
For intellectual property professionals, the integration of AI translates to improved efficiency, more precise risk assessments, and stronger alignment with business objectives. For organizations, it means reduced exposure to legal challenges, lower costs, and a more secure foundation for brand growth.
As trademark registers become increasingly saturated and filing volumes continue to rise, AI is no longer a supplementary tool: it is an essential component of a modern, proactive trademark strategy.
Learn more about AI enhanced trademark research in the Brand Landscape Analyzer fact sheet.
The search first trademark approach
As trademark registers become more crowded and the cost of failure rises, the message is clear: filing without a comprehensive search is no longer a calculated risk, it’s a costly oversight.
For law firms, a search-first approach strengthens client trust, reduces prosecution risk, and reinforces your role as a strategic advisor. For corporations, it protects brand investments, accelerates go-to-market timelines and minimizes exposure to legal disputes.
Discover how Clarivate can enhance your trademark strategy with trademark search solutions. Speak to an expert.
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