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Trademark Housekeeping

Trademark Housekeeping

Trademark Housekeeping

It’s fashionable these days to concentrate on docketing, and rightly so. Answering Office Actions on time, getting extensions until your client starts to use the mark, filing Section 8 and 15 affidavits, and renewing registrations are important tasks, but only part of the bigger picture.

If your practice is limited to tracking a few US applications, you may be able to get by with one of the free services which provide USPTO status updates; but if your clients have multiple marks in multiple jurisdictions you need a record keeping system to drive your docket, and to enable you to provide advice, listings and detailed reports for your clients.

Reliable trademark docketing depends on accurate and complete trademark records.

Record intake

In TM Cloud, record intake has changed from manual data entry to automatic downloads from many jurisdictions. Downloading records eliminates typing mistakes and audits the data as it comes in. But less that 50% of national trademark databases are online, so there is still room for mistakes to creep in. The data changes over time as well, and needs to be kept up to date. And there is the ever present problem of human error.

If you have a trademark portfolio of more than a few hundred records, you may well have some critical data problems.

Audit reports

How do you know if your trademark records are complete and correct? Good housekeeping and regular audits are the answer.

TM Cloud provides a number of audit reports which highlight missing or suspect data.

  • Registered trademarks with no renewal date: an important red flag.
  • Pending and registered marks with no future docket dates: every active trademark record should have some follow up date.
  • Trademark records with no status: most date calculations depend on the status being pending or registered.
  • US and Canadian pending applications with no Basis of Filing: critical deadlines and extensions may not be generated.
  • Trademark records with no application number: in many online jurisdictions the application number is the link used to access the Trademark Office data.
  • Trademark records marked as pending, with a registration number or date: the status may need to be updated to registered, to generate the renewal due date.

Many other audit reports are available, to draw your attention to missing data, such as records with no classes, no goods or services, no file references, no case managers, no agents, and logos and design marks with no images.

TM Cloud makes checking your records easy. All of these reports can be run as a batch, to provide a quick health check for your records.