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Trademark Maintenance: Monitoring, Renewing, and Auditing Marks to Ensure Brand Protection

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Wednesday, October 14, 2020

Recorded event now available

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This CLE course will guide trademark counsel on trademark maintenance. The panel will discuss the monitoring of marks and the renewal process. They will address protecting a company's brand by conducting regular trademark audits, examine recent case law, and provide best practices for maintaining trademarks.


Once a company has registered trademarks for its brand, it is critical to maintain those marks. Trademark monitoring is a critical element in ensuring trademark maintenance. Monitoring plays a role in preventing dilution of the mark and provides valuable information regarding potential infringement. The sooner a company addresses unauthorized use or infringement, the better they can protect the brand.

Renewal is another element of maintaining a trademark. Because registration covers the specific goods or services identified and then sold under the registered mark, failing to use the mark in connection with those goods or services could make the trademark susceptible to cancellation for non-use. While continued use is often clear cut, some circumstances may call into question whether there is continued use. If the mark is no longer associated with certain goods or services, then those goods and services should be deleted from the registration. Excusable non-use is the exception.

Counsel to trademark owners must conduct regular reviews of its trademark portfolio. From ensuring correct marking and use to considerations of foreign trademark protection, regular audits are critical to comprehensive protection.

Listen as our authoritative panel of trademark attorneys examines trademark maintenance and the monitoring of marks. They will also outline the trademark renewal process and guide counsel in navigating the pitfalls of the renewal process. The panel will discuss protecting a company's brand by conducting regular trademark audits, review recent case law, and provide best practices from the lessons learned from recent cases.



  1. Trademark monitoring
    1. Benefits/reasons to monitor
    2. Disadvantages of failing to monitor
  2. Trademark renewals
    1. Deleting goods and services not in use
    2. Specimens of use evidence
    3. Excusable non-use
  3. Trademark audits


The panel will review these and other key issues:

  • What are the disadvantages of failing to monitor trademarks?
  • What steps should counsel take when a company has expanded the offering of products or services of an existing trademark?
  • When can a trademark owner claim excusable non-use of a mark?


Barry, Jennifer
Jennifer L. Barry

Latham & Watkins

Ms. Barry has significant experience in all aspects of commercial intellectual property, including trademark...  |  Read More

Matheson, Julia
Julia Anne Matheson

Potomac Law Group

Ms. Matheson's practice covers all areas of trademark, trade dress, product configuration, and unfair competition...  |  Read More

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