USPTO filing trends: where brand protection is heading

A review of 2025 USPTO filing data shows Class 35 (advertising, business) and Class 42 (scientific/technological services) filings growing at 2.3x the rate of Class 9 (software, electronics). This tracks with the shift of brand value from physical goods to digital experience and platform presence.

For brand protection practitioners, the implication is that enforcement programs need to cover platform usernames, app names, and digital service marks alongside traditional product categories. A registration in Class 9 does not automatically cover your brand's use in a mobile app.

Geographic expansion in filings — Vietnam, India, and Brazil showing the highest growth rates in luxury and consumer goods marks — signals where infringement risk is increasing. Programs that only cover EU and US markets are leaving significant exposure in emerging e-commerce markets.