The U.S. Patent & Trademark Office (USPTO) conducts regular audits to ensure compliance and maintain the integrity of its registration system. If you’re a trademark owner, even if you’ve paid your maintenance fees and use the ® symbol, you’re not immune from an audit. Here’s what you need to know if you receive an audit notice from the PTO.
Understanding the Audit
PTO audits aim to ensure the accuracy of the federal trademark register and protect brand owners by confirming that the information is up-to-date. While the process may seem intimidating, it helps businesses understand third-party marks and maintain good records. Most audit selections are random, but registrations with multiple classes or those filed without professional help may be more frequently audited.
If you’re unsure why your registration was selected, consult a trademark attorney. They can help clarify what the USPTO requires and prepare you for the audit.
Preparing for Your Audit Response
When you applied for your trademark, you had to demonstrate bona fide use of the mark for all listed goods and services. If your business has changed since then, ensure you update your registration accordingly. You must provide valid proof of use for all items listed. Avoid submitting false or fraudulent evidence, such as altered packaging or counterfeit labels, as this is illegal and can lead to severe penalties.
Address each question from the USPTO auditor thoroughly and accurately. Failure to comply can result in fines or even the loss of your trademark registration.
Compliance and Next Steps
After completing the audit, you must meet all requirements set by the PTO to maintain your mark’s protection. We had a client who was fined for incomplete audit responses, underscoring the importance of thorough compliance. If any audit requirements are unclear, discuss them with your trademark attorney to ensure you uphold your federal registration rights.
For more information on PTO audits, visit the USPTO website. If you receive an audit letter and need assistance, contact us. Protect your brand by ensuring a proper and timely response.