Trademark Statistics 2026: USPTO Filings, Wait Times, Approval Rates and TTAB Data
Compiled by Nuzayra Haque-Shah, Esq., California-licensed intellectual property attorney, NH Legal P.C. Data from the USPTO for fiscal year 2026 (October 1, 2025 to September 30, 2026). Updated November 2026. Free to cite with a link to this page. General information, not legal advice.
The headline numbers: U.S. trademark filings hit 904,483 classes in fiscal year 2026, up about 10%. The USPTO now takes an average of 4.1 months to review a new application, down from 7.5 months two years ago. But only 36% of even the cleanest applications are approved without an office action, and oppositions at the Trademark Trial and Appeal Board rose 12.8%.
Key trademark statistics for 2026
| Statistic | FY2026 figure | Source |
|---|---|---|
| Trademark applications filed, FY2026 | 904,483 classes (+9.7% vs. 824,192 in FY2025) | USPTO |
| New registrations, FY2026 | 596,230 classes (575,553 in FY2025; 453,454 in FY2024) | USPTO |
| Active U.S. registrations, end of FY2026 | 3,739,819 | USPTO |
| Average wait for first examiner action | 4.1 months (5.6 in FY2025; 7.5 in FY2024) | USPTO |
| Average total pendency (excl. suspended/TTAB cases) | 9.5 months (11.7 in FY2025; 14.1 in FY2024) | USPTO |
| Average total pendency incl. suspended and TTAB cases | 11.2 months | USPTO |
| Approved on first action, Base app with no surcharges | 36% | USPTO |
| Approved on first action, Base app with surcharges | 10.4% | USPTO |
| Approved on first action, Madrid filings | 2.9% | USPTO |
| Share of new filings on intent-to-use basis (Q4 FY2026) | 47% (41% use-based, 6% Madrid, 6% Section 44) | USPTO |
| Unexamined applications waiting, end of FY2026 | 305,978 classes (down 12% from 346,378) | USPTO |
| Invalid applications/registrations removed for fraud | about 14,000 in FY2026 | USPTO |
| Record first actions in a single month | 103,730 classes (March 2026) | USPTO |
| Statement of Use processing (Q4 FY2026) | 53 days (peaked at 157 days in Q1 FY2026) | USPTO |
| TTAB oppositions filed, FY2026 | 8,631 (+12.8%) | USPTO |
| Extensions of time to oppose, FY2026 | 21,356 (+11.6%) | USPTO |
| TTAB cancellation petitions, FY2026 | 2,965 (+2.3%) | USPTO |
| Ex parte appeals to the TTAB, FY2026 | 3,880 (+4.8%) | USPTO |
| Median total time for a TTAB appeal | 43.7 weeks | USPTO |
| Median total time for a TTAB trial (opposition/cancellation) | 135.6 weeks (about 2.6 years) | USPTO |
What the numbers mean for a business filing in 2026
1. Faster review does not mean easier approval
The wait for a first examiner decision dropped 45% in two years. The approval rate did not follow. Per the USPTO’s own dashboard, roughly two in three stand-alone Base applications get an office action, and nearly nine in ten applications that trigger a surcharge do. An office action adds months and usually a response fee. See what an office action response costs.
2. The application form itself affects your odds
The USPTO reports that stand-alone Base applications with no surcharges are more likely to be approved on first action than any other filing type. Surcharges come from incomplete information or free-form descriptions of goods and services, which are avoidable with preparation. More on the process: how long a trademark takes.
3. More filings means more conflicts
Filings rose about 10% and oppositions about 13% in the same year. With 3.7 million active registrations on the federal register, a name that seems unique often is not. A comprehensive search before filing is the cheapest place to find that out. See what a trademark search costs.
4. Disputes are slow
A median TTAB trial takes about 2.6 years from start to finish, and a median appeal takes about 10 months. Neither is quick or cheap, which is why clearance at the start matters. See TTAB opposition defense.
5. Nearly half of filings are intent-to-use
47% of new applications are filed before the mark is in use. Those applications need a Statement of Use ($150 per class) before they register, which adds time after approval.
Quick answers
How many trademark applications were filed in 2026?
The USPTO received 904,483 trademark application classes in fiscal year 2026 (October 2025 to September 2026), up about 10% from 824,192 in fiscal year 2025.
How long does it take the USPTO to review a trademark application in 2026?
Average first action pendency was 4.1 months at the end of fiscal year 2026, down from 5.6 months a year earlier and 7.5 months two years earlier. Average total pendency to registration, allowance or abandonment was 9.5 months.
What percentage of trademark applications are approved without an office action?
Per the USPTO dashboard, 36% of stand-alone Base applications with no surcharges were approved on first action. The rate falls to 10.4% for Base applications with surcharges and 2.9% for Madrid filings. Most applications receive at least one office action.
How many trademark oppositions were filed in 2026?
The Trademark Trial and Appeal Board received 8,631 oppositions in fiscal year 2026, up 12.8%, plus 21,356 requests for extensions of time to oppose and 2,965 cancellation petitions.
How much does it cost to file a trademark with the USPTO in 2026?
The USPTO Base application fee is $350 per class. Surcharges add $100 per class for insufficient information, $200 per class for using free-form text, and $200 per class for each additional 1,000 characters. Madrid filings are $600 per class. Attorney fees are separate.
Methodology
All figures come from official USPTO publications: the Trademarks Dashboard, the USPTO’s FY2026 year-end trademark report, the March 2026 production report, the TTAB incoming filings and performance measures and the 2025 trademark fee summary. Counts are in application classes, the USPTO’s standard unit. One application can cover several classes. Fiscal year 2026 runs October 1, 2025 to September 30, 2026. Figures are as published by the USPTO in October and November 2026 and may be revised. Approval-rate figures cover the most recent quarter the dashboard reports. We will update this page when the USPTO publishes new data.
Next step: see our flat fees on the pricing page, or speak with our legal team about your mark. Past results and USPTO averages do not predict the outcome of any individual application.