Trademark risk by industry.
Across 82,645 oppositions, the risk concentrates in a few categories and grows fastest in others. In some, more than four in five defendants bring a lawyer.
Apparel sees the most trademark oppositions. General clothing, T-shirts and headwear were the three largest categories in 2025. The fastest growth is in AI, blockchain and dietary supplements.
Technology and professional-services defendants usually have counsel (between 73% and 84% in categories like SaaS, cybersecurity and fintech). Consumer-goods defendants go without a lawyer between 40% and 48% of the time.
Industries we work with.
Apparel & Clothing
The most-opposed category in the TTAB record, with the most policed words.
Software, Apps & Electronics
Downloadable software, apps, games and hardware, where oppositions are rising fast and most defendants have counsel.
SaaS
One of the fastest-growing categories, where three in four defendants have a lawyer.
AI Companies
The fastest-growing category in the opposition record.
Beauty & Cosmetics
Cosmetics, skin care, hair care and fragrance, plus the beauty words that established brands police.
Supplements & Wellness
Supplement oppositions nearly doubled, and the category has some of the highest opposition rates in consumer goods.
Food & Beverage
Energy drinks carry one of the highest opposition rates in the record.
Restaurants & Franchises
Class 43 for multi-location groups and franchisors that license their name.
CBD, Hemp & Cannabis
What a hemp, CBD or cannabis brand can register federally, and why most CBD applications are refused.
Musicians & Creatives
Copyright for songs and recordings, and trademarks for artist names and merch.
Name, Image & Likeness (NIL)
NIL deals, trademarking your name, and protection against AI deepfakes and voice clones.
Which industries face the most trademark oppositions?
Apparel, by a distance. General clothing (1,154), T-shirts (1,060) and headwear (1,014) led 2025, followed by downloadable software (830), footwear (791) and SaaS (745).
| Category | Oppositions 2021 through 2025 | 2025 | Volume trend | Rate per 1,000 |
|---|---|---|---|---|
| Clothing (general) | 5,474 | 1,154 | +11% | 28.3 |
| T-shirts | 5,335 | 1,060 | +2% | 34.0 |
| Headwear | 5,100 | 1,014 | +2% | 33.7 |
| Downloadable software | 3,496 | 830 | +30% | 27.5 |
| Footwear | 3,717 | 791 | +5% | 33.0 |
| SaaS | 3,162 | 745 | +36% | 28.4 |
| Hoodies & sweatshirts | 2,735 | 534 | +7% | 36.3 |
| Cosmetics | 2,213 | 525 | +18% | 28.3 |
| Baby & infant | 2,080 | 465 | −17% | 25.4 |
| Pet products | 1,862 | 448 | −1% | 19.1 |
Which industries’ trademark disputes are growing fastest?
Artificial intelligence (+172%), blockchain and crypto (+144%) and dietary supplements (+92%) lead, followed by legal services, vitamins, salon and spa, and energy drinks.
| Category | Oppositions 2021 through 2025 | 2025 | Volume trend | Rate per 1,000 |
|---|---|---|---|---|
| Artificial intelligence | 725 | 256 | +172% | 34.5 |
| Blockchain & crypto | 375 | 83 | +144% | 41.6 |
| Dietary supplements | 1,226 | 435 | +92% | 36.5 |
| Legal services | 276 | 82 | +69% | 23.2 |
| Vitamins | 665 | 212 | +64% | 40.1 |
| Salon & spa | 231 | 54 | +60% | 26.4 |
| Energy drinks | 369 | 88 | +58% | 58.6 |
| Leather goods | 152 | 31 | +56% | 38.9 |
In which industries do applicants face oppositions without a lawyer?
Consumer physical goods. Between 40% and 48% of opposition defendants in categories like activewear, baby products, pet products and T-shirts have no lawyer. In B2B, technology and regulated services the share is between 16% and 22%.
| Category | Matters 2021 through 2025 | No lawyer |
|---|---|---|
| Activewear | 786 | 48% |
| Baby & infant | 2,080 | 47% |
| Pet products | 1,862 | 45% |
| T-shirts | 5,335 | 41% |
| Footwear | 3,717 | 41% |
| SaaS | 3,162 | 22% |
| Cybersecurity | 684 | 22% |
| Blockchain & crypto | 375 | 21% |
| Fintech & payments | 475 | 19% |
The categories with the most unrepresented parties are mostly flat or declining in volume. Growth is concentrated where defendants already have counsel, in categories such as SaaS and blockchain.
Does it matter which state my business is in?
Not legally. Trademark registration is federal, and an attorney admitted in any US state can represent you before the USPTO and the TTAB. Texas businesses faced 2,925 oppositions from 2014 through 2023, fourth among states, and the number is rising (+7%).
| State | Oppositions 2014 through 2023 | Trend |
|---|---|---|
| California | 10,383 | −8% |
| New York | 4,473 | −17% |
| Florida | 3,940 | +3% |
| Texas | 2,925 | +7% |
| New Jersey | 1,631 | −9% |
| Georgia | 1,424 | +14% |
More questions.
Q01How were the industry categories defined?
Each opposed application was matched to more than 80 market categories using the applicant’s own description of goods and services. An application that covers several categories counts in each.
Q02What does “opposition rate” mean?
Oppositions per 1,000 applications published for opposition, for applications filed 2017 through 2021. It compares how likely a single mark in one category is to be challenged against another category.
Q03My industry is not listed. Can you still help?
Yes. These pages cover the industries we work with most, but the data spans more than 80 categories. Ask us about yours.
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