Legal checklist for a trademark portfolio audit important for valuation as well

An article at JD Supra recommends if an organization’s management has not performed a trademark(s) audit for a while, it should make it a priority in 2013, as trademark audits identify trouble-laden gaps in registration coverage. Here are problem areas a trademark attorney will look for:

  • Ownership of trademarks not properly recorded;
  • Registrations of important marks that are lacking or not current;
  • Registrations covering fewer than all goods/services;
  • Registrations covering fewer than all countries where the trademark is needed;
  • Registrations containing unnecessary disclaimers;
  • Registrations on the Supplemental Register; and
  • Section 15 (incontestability) declarations not filed.
Valuation analysts can ask when the last trademark audit was performed, what the findings were, and if any recommendations were acted upon.