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How to Find and Protect Your Own Hidden Trademarks

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“Please list your trademarks.”

For many companies this simple request is surprisingly difficult to answer.  Sure, maybe they have a few registration certificates in a drawer, or a docket sheet from their outside counsel, but what exactly does it mean to “have” a trademark?  And how many of them do you have?  And why do so many companies only notice they have a trademark after a competitor starts to infringe it?

Last month, in her fantastic post on trademark audits, our colleague Emily Bayton discussed the critical first step any company must take in order to answer those questions: understanding the scope of the official parts of your portfolio.  What registrations are in your name?  What jurisdictions do they cover?  What rights do you license?  How is your portfolio managed, and should your approach be changed?  Without a real inventory – married to a regular analysis of needs and future plans – trademark portfolios can remain stuck in the past, designed to fight old competitive battles and failing to capitalize on new opportunities.

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New Year’s Resolutions Don’t Have to Be about Weight Loss: Why Conducting a Trademark Audit Should Be Part of Your Company’s New Year’s Resolutions

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New Year’s resolutions are often thought of as individual self-improvement goals that frequently include aspirational health and wellness, financial discipline, habit forming or breaking, and similar goals.  But these aspirational, improvement-focused goals do not need to be limited to personal goals.  In fact, the “New Year, New You” mantra applies equally to the business world.  The new year is a great time to push the reflect and reset button and to use the results of this reflection to accomplish business goals, including goals related to the company’s trademark portfolio.  Finding time in the new year to conduct reflection in the form of an in-depth review of your trademark portfolio (often referred to as a trademark audit) can be a meaningful and important exercise for a number of reasons, including ensuring there are no significant gaps in coverage or other issues associated with your trademark portfolio that could negatively impact your business, such as compliance issues with requirements and deadlines for maintaining trademark rights, chain-of-title concerns, or improper use of trademarks that could impact the company’s rights.  In addition, an audit, when performed correctly, can also provide a critical roadmap for the company for its trademark portfolio going forward.

Continue reading “New Year’s Resolutions Don’t Have to Be about Weight Loss: Why Conducting a Trademark Audit Should Be Part of Your Company’s New Year’s Resolutions”