Trade mark applications skyrocket during COVID-19 pandemic
Recent figures show that the number of trade mark applications jumped to a record 196,634 in 2021, on a trajectory that has seen the total number of filings more than double since 2018, research by JMW Solicitors’ intellectual property team has found.
Perhaps the most surprising thing to note is that the number of applications began to grow rapidly in May 2020, just two months after COVID-19 lockdowns began in the UK. The monthly average from January to April was 9,221, while the monthly average between May and December was 12,519, meaning an average increase of 3,000 applications per month.
The final total of 196,634 applications for 2021 is more than double the figure from 2018, when the Intellectual Property Office (IPO) reported a total of 95,179 applications. This represents one of the fastest growth periods ever for intellectual property filings.
Impact of the pandemic
It is impossible to definitively conclude that the COVID-19 pandemic was responsible for the sudden shift. However, with greater numbers of people suddenly out of work and finding more free time in which to innovate, and with businesses facing significant uncertainty during the same period, it would seem that many people sought to protect and derive value from intellectual property.
It seems unlikely that it was driven entirely by new products and services related to coronavirus prevention, because this growth has accelerated throughout the highs and lows of the pandemic. As well as the total number of applications doubling from 2018 to 2021, the growth rate itself doubled compared to 2020 (there were 59,596 more filings in 2021 than 2020, compared to 29,511 more filings in 2020 than in 2019).
While the most recent figure from January 2022 (13,891) is lower than the monthly average for 2021 (16,386), it remains above the monthly average for 2020 (11,420) and could forecast another record year, or at least prove that these highs are not a fluke. The percentage of filings that were approved remained relatively consistent throughout this period, outside of a dip in 2020 caused by COVID-19-related delays.
Philip Partington, a Partner in JMW’s intellectual property department, says:
“The growth of trade mark filings over the past four years shows that public interest in intellectual property has grown tremendously. There are many factors that have raised awareness of IP issues, from high-profile negotiations between Marvel and Sony over the rights to Spider-Man, to frequent stories about reality TV stars filing trade marks to protect and monetise their catchphrases.
“Registering ownership of intellectual property through trade marks or patents is a vital step in protecting it from competitors and imitators, and the internet means that many businesses are more vulnerable than ever. However, there are also challenges that those applying for trade marks must be aware of.
“Something we have consistently seen is that the overwhelming majority of applications that are rejected are made by self-filers without legal representation, or by budget filing services. While this may seem like the fastest and most effective option for a quick registration, it can be slower and more expensive if the application is rejected, and in the worst case scenarios this can result in someone else being granted the trade mark you have applied for.”
JMW Solicitors is one of the UK’s foremost legal firms and is considered one of the leading intellectual property law practices in the UK. Philip Partington is well known for successfully defending parties in complex IP court proceedings in both the Intellectual Property Enterprise Court and High Court.
