The trademark landscape is evolving rapidly. Across industries, brand owners are encountering increased scrutiny from examiners who are interpreting “related” goods and services more broadly and applying a higher standard of distinctiveness than in years past. For companies investing in new brand names or product lines, this heightened scrutiny makes early alignment between creative development and legal strategy more important than ever.
At a recent industry conference on naming and branding, Angela Wilcox, Managing Partner at Wilcox IP Law, noted that “even if there is one tiny description that’s related to the services provided by the new application, the Trademark Examiner will view those two trademarks as related.” What might once have cleared easily is now more likely to face refusal under closer review.
Wilcox also observed that adding a company name or logo, long considered a simple workaround, is no longer enough to distinguish a mark. “Just adding the company name isn’t necessarily enough,” she said. “It only helps when the field is so diluted that identical names already coexist for truly distinct offerings.”
Why This Is Happening
Several factors are driving this increased scrutiny:
Overcrowded trademark classes.
The sheer volume of global brand creation driven by digital expansion and cross-border commerce has filled many trademark classes with similar marks. Examiners now view even minor overlaps as potential sources of confusion.Broader interpretations of relatedness.
Examiners are connecting dots across adjacent industries, particularly in technology, professional services and energy where offerings often intersect or converge.Marketplace proximity.
The traditional concept of “likelihood of confusion” has become more acute as brands increasingly appear side by side in digital marketplaces like Amazon and AliExpress. Products that once operated in distinct channels now coexist on the same search pages, blurring the lines between unrelated categories and heightening examiner sensitivity to overlap.Stronger international alignment.
As e-commerce and global trade expand, trademark offices are taking a more consistent approach across jurisdictions. With brand launches increasingly spanning multiple markets, it’s no longer enough for a mark to clear locally. International conflicts can now derail a strategy that once felt safe.A more conservative legal climate.
To minimize litigation risk, examiners are increasingly cautious and often err on the side of refusal when potential confusion exists.
What It Means for Brand Development
For companies developing or launching new brands, this new reality means:
Involve trademark counsel early. Clearance should begin during naming exploration, not after.
Expect deeper screenings. Phonetic and conceptual similarities are weighed more heavily than ever.
Allow more time for registration. Additional review cycles and office actions are becoming increasingly common.
The Bottom Line
Trademark registration has always required balancing creativity with protectability, but that balance has narrowed. As Wilcox summarized, “You have to ask: Why does this mark deserve registration now and what legal risk am I willing to take?”
While the bar for registration may be higher, the outcome is stronger, more defensible brand assets that can scale with confidence.
