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J.J. Lee, Trademark Attorney

⚡Avoid Trademark Audits!

Published 3 months ago • 1 min read

August 22, 2024

Hello Reader,

Avoid Trademark Audits

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The government is auditing trademarks. When it comes time to renew your trademark registration, the USPTO has been selecting specific trademarks to audit.

I'm going to show you what the USPTO looks for when selecting a trademark to audit.

1. The trademark registration renewal is file timely

AND then a combination of either one or the other:

  • Trademark includes at least one class with four or more goods or services. For example, your registration covers purses, wallets, backpacks, luggage tag, and suitcases all in class 018.
  • Your trademark registration includes at least two classes with two or more goods or services in those classes.

For example, your registration covers purses and suitcases in class 018. And in class of zero to five clothing, namely shirts, shorts, pants, and coats and hats.

Once audited, you must respond to the audit, or your trademark registration will be canceled. If you end up removing some goods and or services, and you cannot show current proof of use in commerce, the USPTO will charge $250 per class, and failure to pay means that your trademark registration will be canceled.

To avoid the likelihood of an audit, limit your trademark registration to just one class with less than four goods and or services. listed, or if that can't be avoided, make sure that you can provide curb proof of use in commerce for all your goods and services that you list on your trademark registration.

If your Trademark Registration received an audit from the USPTO, contact us immediately!

Another Reason to Have Your Trademark Registered

"Judge Hunt dismissed without prejudice the false association claims brought by the seven other named plaintiffs in the proposed class action who have not registered their marks."

Keep Your Brand Safe and Protected,​
​

J.J. Lee and the Trademark Lawyer Law Firm Team!

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J.J. Lee, Trademark Attorney

Protecting your Brand and Trademark Since 2007 and over 7,000 Trademark Registrations.

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