Government Shutdown and Trademarks: What It Really Means for Your Brand

The headlines are loud, the politics are messy, and once again, the government has hit pause. But what does a shutdown actually mean for your trademark and your brand protection strategy?

Is the USPTO Still Operating?

Short answer: Yes. The United States Patent and Trademark Office (USPTO) is still open and processing trademark applications. Because the USPTO is funded by filing fees—not Congress—it can keep operating on reserve funds for now.

But here’s the part nobody should ignore: those reserves won’t last forever. If this shutdown drags on, the USPTO may slow down reviews and reduce staff, which means longer wait times for trademark approvals.

Translation: if you’re thinking about filing, get in line now—not later.

What’s Affected on the Trademark Side

Right now, you can still move forward with:

• Filing a new trademark application

• Responding to an Office Action

• Submitting a Statement of Use

• Maintaining or renewing a registration

• TTAB disputes and appeals

However, as the shutdown continues, we may experience:

• Slower examination time

• Delays in communication

• Longer turnaround on Office Actions

• Fewer staff reviewing filings

Deadlines Still Matter

Let me be very clear: The USPTO is not extending trademark deadlines just because the government is shut down.

If you miss:

• An Office Action deadline

• A Statement of Use deadline

• A Section 8 or 15 maintenance filing

…your application or registration can go abandoned. And reviving it later costs more money, more time, and more headaches.

Should You Still File a Trademark Now?

Absolutely. Waiting does not protect your brand—filing does.

Here’s why smart business owners and creators are filing now:

• You lock in your federal priority date

• You secure your place in line before backlogs pile up

• You protect your brand even while the government stalls

• You beat competitors who hesitate

  
  

The longer you wait, the more risk you take.

What You Should Do Right Now

Here’s your action plan:

• File now if you’re ready to protect your brand

• Respond early to any USPTO communications

• Don’t miss deadlines—period

• Monitor copycats while your application is pending

• Get strategic about what to file and when

  
  

The Bottom Line

The government may be shutting down, but your business isn’t—and your trademark strategy shouldn’t either. If anything, now is the moment to move.

Want No-Nonsense Trademark Advice?

If you're unsure when to file, how to protect your brand, or what this shutdown means for your timeline, let’s talk. At Hit the Mark, we make trademarking clear, strategic, and mark-ably simple.

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