Research · International trademarks

The USPTO provisionally refuses 96% of international trademark designations. Only 2.6% stand.

The U.S. is the hardest major office to enter through the Madrid System, on paper. Of 44,147 designations of the United States registered 2019–2022, 95.9% drew a provisional refusal. Yet only 2.6% of those designations are refused today, and 80.2% hold a grant of protection. The provisional refusal is the USPTO's office action, and almost everyone gets one.

95.9%of U.S. designations receive a provisional refusal
2.6%are refused today (total or partial)
80.2%hold a grant of protection
44,147U.S. designations, registered 2019–2022

The number that scares Madrid filers

Ask a foreign trademark owner about extending their international registration to the United States and you will hear the same warning: expect a refusal. The data says the warning is right. Among the 53 offices that examined at least 5,000 designations in our 2019–2022 cohort, the USPTO ranks #1 for provisional refusals at 95.9%. The European Union office (EUIPO) sits at 20.3%, the United Kingdom at 11.4%.

Designated office Provisional refusal rate Provisional Still refused Protected Designations
United States (US)
95.9% 2.6% 80.2% 44,147
Thailand (TH)
92.8% 49.7% 47.9% 22,091
Canada (CA)
85.6% 19.6% 77.1% 35,712
Philippines (PH)
73.7% 4.7% 53.5% 17,557
South Korea (KR)
68.9% 4.9% 81.7% 28,579
Japan (JP)
63.6% 14.3% 85.0% 32,759
China (CN)
61.7% 48.8% 50.8% 40,684
India (IN)
54.9% 23.5% 73.6% 28,230
Israel (IL)
53.3% 7.9% 89.5% 13,370
Cambodia (KH)
43.2% 19.5% 77.0% 6,714
Russia (RU)
40.4% 11.7% 88.2% 28,153
New Zealand (NZ)
37.4% 2.3% 94.9% 19,303
Singapore (SG)
37.0% 3.3% 95.1% 25,559
Malaysia (MY)
37.0% 17.4% 73.5% 15,269
Colombia (CO)
36.3% 16.4% 82.6% 11,739
Vietnam (VN)
32.1% 20.1% 77.9% 20,568
Norway (NO)
32.0% 6.0% 90.0% 20,282
Armenia (AM)
30.9% 13.8% 81.1% 5,388
Australia (AU)
30.8% 0.5% 91.5% 33,198
Brazil (BR)
29.6% 12.2% 86.3% 18,600

received a provisional refusal refusal still stands

Figure 1. The 20 offices with the highest provisional-refusal rates among those examining ≥5,000 designations registered 2019–2022. "Still refused" excludes refusals later overcome or reversed, and post-grant cancellations. Download all 53 offices (CSV).

Why almost everyone is refused

A "provisional refusal" in Madrid vocabulary is what a U.S. filer calls an office action: the examining attorney has found something to object to, and the applicant has a fixed period to respond. It is not a decision. In the U.S. system nearly every application receives one, and Madrid-based applications (filed under §66(a) of the Lanham Act) hit an extra set of tripwires:

  • Identification of goods and services. Most offices accept the broad Nice class headings an international registration is drafted with. The USPTO does not: it requires goods to be described with commercial specificity, and refuses "clothing" or "software" until narrowed. This single objection accounts for the bulk of §66(a) refusals, and it is why the rate is near-uniform across origin countries and classes (below).
  • Disclaimers. Descriptive words inside a mark must be disclaimed apart from the mark as a whole, a U.S. formality most home registrations never needed.
  • Translation and transliteration statements for any non-English wording.
  • Likelihood of confusion (§2(d)) and descriptiveness (§2(e)). The substantive grounds: present, but a minority of first refusals.

A U.S. provisional refusal is the start of prosecution, not the end of it. Roughly 36 in 37 provisional refusals are overcome, usually by amending the goods and adding a disclaimer.

It is the system, not the applicant

If the refusal rate were about applicant quality, it would vary by where the mark comes from. It barely does. Whether the international registration originated in the EU, the UK, Japan, China or Switzerland, the provisional rate stays between 89.3% and 98.5%, and the share still refused between 2.0% and 2.9%.

Origin officeProvisional refusalProvisionalStill refusedProtectedDesignations
European Union (EM)
97.5% 2.1% 83.0% 10,113
United Kingdom (GB)
97.2% 2.0% 80.5% 4,064
Japan (JP)
89.3% 2.6% 85.9% 3,163
Germany (DE)
96.1% 2.7% 82.0% 3,117
China (CN)
94.0% 2.9% 70.5% 3,081
France (FR)
96.9% 2.3% 81.1% 2,893
Switzerland (CH)
92.9% 2.3% 83.8% 2,714
Italy (IT)
94.8% 2.1% 81.3% 2,375
Australia (AU)
98.5% 2.5% 77.7% 2,224
Benelux (BX)
98.2% 2.1% 84.5% 1,731
South Korea (KR)
94.0% 2.0% 82.1% 1,646
Figure 2. Outcomes of U.S. designations by the office of origin of the international registration (≥800 designations). CSV.

The same flatness shows up by Nice class. The most-designated classes, software and electronics (9), IT services (42) and advertising and business services (35), all sit within a point or two of each other:

Nice classProvisional refusalProvisionalStill refusedProtectedDesignations
Class 9 Computers & Electronics
98.0% 2.5% 81.0% 15,221
Class 42 Computer & Scientific
98.9% 2.7% 81.2% 10,940
Class 35 Advertising & Business
98.9% 3.2% 78.9% 10,237
Class 41 Education & Entertainment
98.8% 2.7% 79.4% 6,502
Class 25 Clothing
97.5% 2.9% 79.2% 5,096
Class 5 Pharmaceuticals
93.2% 2.5% 82.0% 4,781
Class 3 Cosmetics & Cleaning
96.1% 2.9% 79.9% 4,460
Class 7 Machinery
97.2% 2.7% 83.3% 4,180
Class 10 Medical Apparatus
96.5% 1.8% 84.2% 3,382
Class 37 Building & Construction
98.8% 2.7% 83.4% 3,181
Class 1 Chemicals
95.6% 2.3% 86.2% 3,145
Class 16 Paper Goods
98.5% 2.7% 81.7% 3,088
Figure 3. U.S. designation outcomes for the 12 most-designated Nice classes (a multi-class designation counts once per class). CSV, top 20.

Mark type makes a small difference: word marks are provisionally refused 94.2% of the time, combined word-and-design marks 97.9%, purely figurative marks 98.0%. Design elements add drawing-description and colour-claim formalities to the list of things an examiner can object to.

What "still refused" means, and the timing trap

A designation counts as still refused when its most recent examination outcome is a total or partial refusal with no later grant of protection. For the 2019–2022 cohort that is 2.6%, mostly marks whose owners never responded, or lost on likelihood of confusion or descriptiveness. Younger designations look far worse, because they simply have not resolved yet:

Registration yearDesignationsProvisionalStill refusedProtectedStatus
2018 9,787 95.0% 2.1% 82.2% older: post-grant events creeping in
2019 10,315 95.8% 1.7% 82.7% cohort
2020 10,865 95.6% 1.0% 82.8% cohort
2021 10,444 96.0% 1.2% 80.6% cohort
2022 12,523 96.1% 5.8% 75.4% cohort
2023 18,618 96.2% 6.1% 69.6% resolving
2024 24,910 94.5% 3.9% 58.1% resolving
2025 23,819 93.3% 66.8% 10.6% still in examination
2026 12,332 35.0% 34.0% 0.0% still in examination
Figure 4. The same measures by registration year. The USPTO's response window (six months, extendable) plus WIPO's recording lag mean a designation can sit as "refused" for a year or more before the grant is recorded, which is why the two most recent years are not used for any headline figure. CSV.

What this means if you are filing

  • Budget for the office action, not against it. Treat a U.S. response as a line item of the Madrid extension. A U.S.-licensed attorney is required to respond, and the response is routine when the objections are goods and disclaimers.
  • Draft the goods for the USPTO before you file. Narrow, commercial descriptions in the international application avoid the most common refusal, even though other offices would have accepted the class heading.
  • Do not read "provisional refusal" as a verdict. The likelihood of the designation being refused at the end of the road is closer to 2.6% than 95.9%. Check the substantive risk (an existing confusingly similar mark) with a clearance search before you file, because that is the refusal you cannot amend your way out of.

Comparing offices? The international refusal-rate pages break every major office down by class and origin, and the companion article looks at the reverse direction: where U.S. trademark owners get refused abroad.

Methodology

  • Source. WIPO Madrid Monitor daily update files (ST.96 XML), ingested since July 2025: every international registration with any recorded activity in that window, 96,915 registrations carrying 974,457 designations in the cohort below. Each record carries the full event history of every designation, so outcomes are read from the events themselves, not inferred.
  • Cohort. International registrations registered 2019–2022. Older years are increasingly dominated by post-grant events (U.S. §71 cancellations, renewals); newer years have not resolved.
  • Provisional refusal = the office recorded a total or partial provisional refusal at any point. Still refused = the latest examination outcome is a total or partial refusal, with no later grant of protection; refusals overcome, reversed on review, or followed by a "possible opposition" or "intermediate status" notice are counted as overcome. Post-grant invalidations are excluded from refusals. Protected = a grant of protection (Rule 18ter or equivalent) is on record.
  • Known bias. The feed is an activity delta, so registrations with no event since July 2025 are absent. Within the cohort this under-samples quiet, trouble-free designations slightly, which would make true refusal rates marginally lower than shown. Offices differ in how completely they report to WIPO; a few (e.g. Jersey, some African offices) report almost no examination events and show near-zero rates for that reason.
  • Refresh. Figures recompute daily after ingest; the page shows the date of the data it renders. Percentages are rounded to one decimal.

International data © WIPO, re-used under CC BY 4.0; outcome normalisation is ours and WIPO bears no responsibility for it. Full details on the methodology and data sources pages.

Download the data

CSV, UTF-8, one row per office/class/year with counts and percentages. Free to reuse with a link to this page.

Cite as: TrademarkMind, “The USPTO provisionally refuses 96% of international trademark designations. Only 2.6% stand.”, September 2026, https://trademarkmind.com/research/uspto-provisional-refusals-madrid-designations. Data as of October 5, 2026.