Trademark Audits: A Key Element of Brand Protection

by Practical Law Intellectual Property & Technology

Published on 08 Apr 2014 • USA (National/Federal)

A discussion of the importance of trademark audits for protecting brands.

Periodic auditing is a key component of proper trademark protection and portfolio management. A well-conducted trademark audit:

Provides a brand owner with a complete picture of its existing trademark portfolio.
Helps ensure the trademark owner's compliance with requirements and deadlines for acquiring and maintaining trademark rights.
Helps the trademark owner identify and take corrective action concerning potential risks to the trademark owner's marks, including risks from:
- non-use of the marks;
- improper use of the marks;
- chain of title issues;
- noncompliance with trademark-related agreements;
- third-party trademark conflicts;
- inadequate trademark records; and
- inadequate trademark policies and procedures.
Enables a trademark owner to make informed decisions concerning management of the portfolio, including identifying:
- gaps in trademark registration coverage that may warrant the filing of new applications; and
- appropriate actions to take for marks no longer of business interest.

Without regular auditing, a brand owner risks:

For more information on conducting trademark audits, see Practice Note, Trademark Audits and Trademark Audits Checklist.

Trademark Audits: A Key Element of Brand Protection | Practical Law