According to recent USPTO data, trademark applications are up 7% over last year and have increased nearly 10% since 2020. That’s not a blip, it’s a clear signal that more businesses than ever are investing in protecting their brands.
What’s driving this steady growth? We believe that every business today, regardless of its size, is becoming savvier as to the competitive nature of competing in an online marketplace. Any business can become global by establishing an e-commerce store and that means they run the risk of infringing another company’s trademark. We read stories of reported litigation about this every week. More importantly, though, smart business owners are more aware than ever that the key to their success and generational wealth lies in ensuring their intellectual property –including their trademarks, logos and taglines. This new generation of business owners understands that securing their intellectual property is essential to their business’ success.
The Rise of Brand Awareness and the Need to Learn Trademark Law
Twenty years ago, trademark registration was something only large corporations routinely did. For the most part, smaller businesses either didn’t know how or didn’t see the value. But today, brand identity is the great equalizer and sits at the heart of every business strategy. From social media handles to website domains, businesses are built around distinctive names, logos, and taglines that communicate value and build consumer trust.
As more entrepreneurs and small business owners understand that their intellectual property is their most valuable asset, they’re turning to trademark protection earlier and registering more trademarks. Although the USPTO process has become more accessible for small business owners, the landmines of DIY-ing any legal process is unchanged and has serious consequences especially for small business owners.
The combination of rising awareness, easier access, and the global reach of online business explains much of the sustained growth we’ve seen in trademark filings especially since the pandemic, but especially in the past ten years. And for attorneys paying attention, it also points to a tremendous opportunity to learn trademark law and serve these growing client needs.
Why Attorneys Should Learn Trademark Law Now
The 7% increase in filings isn’t just a data point, it’s a market signal. Businesses are actively seeking legal guidance to help them navigate trademark registration, enforcement, and brand strategy. Yet, many attorneys remain on the sidelines, either unsure how to get started or assuming it’s too technical or specialized.
Trademark law requires no special test or skillset to practice. In reality, trademark law is one of the most client-centered and rewarding areas of practice. Unlike some practice areas that have one interaction with a client, a trademark client can be a source of repeat business as the business grows. Even the smallest business needs help getting the application through to registration, enforcing their trademark rights, maintaining the registration, and ensuring the mark is properly used. Each of these steps presents ongoing advisory opportunities that deepen client relationships and expand a lawyer’s practice over time.
For transactional attorneys, general practitioners, and even litigators, choosing to learn trademark law can open an entirely new revenue stream. It’s a practice area that scales with your clients’ growth and applies across virtually every industry.
The Skills Gap: Where to Learn Trademark Law the Right Way
Here’s the challenge: law schools rarely teach the practical aspects of filing trademark applications before the USPTO. Too many attorneys dabble in this area with disastrous results. Many attorneys learn the process piecemeal, if at all, by trial and error. And this lack of structure can be costly to the individual attorney or firm. Learning trademark law is nuanced and learning to navigate the USPTO takes an experienced guide.
Conclusion
That’s where Trademarkabilities® comes in. We built the Trademarkabilities Masterclass to help attorneys learn trademark law the right way – through clear, step-by-step instruction rooted in real-world practice. Our comprehensive training goes beyond theory to teach you the practical aspects of how to interpret client information, draft enforceable identifications of goods and services, and respond effectively to Office Actions.
Whether you’re a solo practitioner looking to expand your services or a firm training your next generation of associates, Trademarkabilities gives you the tools, templates, and confidence to deliver excellent client outcomes from day one.
Stacey C. Kalamaras is the founder and lead instructor of Trademarkabilities®, an online trademark training academy designed to help lawyers learn and practice trademark law. Through clear, step-by-step lessons and supportive group mentoring, we’ll give you the tools to confidently navigate the trademark application process at the USPTO and build a thriving practice in a fast-growing field. Stacey started Trademarkabilities to share her passion teaching the law with the next generation of lawyers and help them become practice ready lawyers. Contact us at: hello@trademarkabilities.com .