Backlogs have been at an all-time high.

The USPTO trademark backlog reaches 900,000 classes for the first time. Follows massive rise in new applications being received by the registry. Experts reveal the impact the increased examination wait time is having.

The backlog of pending trademarks at the USPTO has surpassed 900,000 for the first time, highlighting the monumental challenge facing the registry. In response, USPTO trademark commissioner David Gooder is pledging “increased productivity” to tackle the backlog – although experts tell WTR that, while action may be being taken, “it is not clear that the numbers are getting better”.

Over the past couple of years (as WTR’s inaugural Special Report charts), the USPTO has experienced a massive rise in trademark applications, spurred primarily from filings originating from China. The office has also raised concerns of alleged misbehavior by foreign applicants, including numerous reports of improper specimens of use and identity theft targeting US trademark practitioners. In response it has adopted new rules and examination procedures, including (in August 2019) a requirement for all applicants not domiciled in the United States to engage US licensed attorneys to represent them before the office. However, filings originating from China continue to flood the US trademark register.

Back in April, we revealed data (from former USPTO IT specialist Ken Boone) showing a staggering 38.47% of trademark applications to the USPTO in the fourth quarter of 2020 originated from applicants based in China. The data highlighted how China-originating trademarks have transformed the workload for the USPTO trademark division, with the number of applications received every quarter nearly doubling since 2018.

Now, new data from Boone reveals that for the first time in history, the USPTO’s trademark application (class count) surpassed 900,000 on 28 June 2021. As the figures below show, the backlog has risen sharply since the beginning of last year – from approximately 600,000 to 900,560 earlier this week, representing an “unwanted milestone” for the registry, Boone stated.

USPTO: Pending application (class count) – 2001 to 2021 YTD