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J.J. Lee, Trademark Attorney

⚠️Will the Updates on USPTO Trademark Audits Hurt You?

Published 17 days ago • 1 min read

November 4, 2024

Hello Reader,

We wanted to inform you about a recent update from the United States Patent and Trademark Office (USPTO) that could impact your trademark registrations during the post-registration maintenance process.

As you may know, the USPTO previously conducted "random" audits of section 8 and section 71 filings. However, recent communications confirm what we’ve suspected for some time—these audits are no longer random. Instead, the USPTO is moving toward directed audits when certain characteristics raise concerns, such as:

  • Specimens that appear digitally altered.
  • Evidence suggesting that the mark is not being used in the ordinary course of trade.

This shift means that registrations with questionable use claims are now being specifically targeted for audit. It’s important to address these audits seriously, as failing to comply can lead to financial penalties and even the cancellation of your trademark registration, which could jeopardize your rights to the mark.

The USPTO’s goal is to protect the integrity of the trademark register and ensure that only marks being actively used in commerce are maintained. These changes are part of their ongoing effort to improve the overall accuracy of the register.

As your legal team, our priority is to ensure your trademarks remain protected and compliant with the USPTO’s evolving standards. If your registration is selected for audit, we’ll work with you to provide the necessary evidence and respond in a timely manner to avoid any negative consequences.

Please don’t hesitate to reach out if you have questions or need assistance with your filings. We’re here to support you every step of the way.

Thank you for your continued trust in us.

Keep Your Brand Safe and Protected,​
​

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

PS. Contact us to mark sure your business is protected!

J.J. Lee, Trademark Attorney

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

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