Trademark portfolio audit checklist
A trade mark portfolio audit identifies lapsed registrations, gaps in protection, and marks at risk of removal for non-use. This checklist provides a structured approach to reviewing and strengthening a portfolio.
This is a 12-step checklist for auditing a trade mark portfolio registered with IP Australia. It covers registration status, renewal deadlines, use evidence, class coverage, and enforcement strategy.
The checklist
Extract the full portfolio
Pull a complete list of registered and pending trade marks from IP Australia's ATMOSS database and any international registrations via Madrid.
Verify registration status
Confirm each mark's status — registered, pending examination, opposed, lapsed, or removed — and flag any that require immediate action.
Check renewal deadlines
Identify marks approaching their 10-year renewal deadline and confirm renewal instructions are in place.
Audit class coverage
Compare the goods and services covered by each registration against the business's current and planned commercial activities.
Assess use evidence
For each registered mark, confirm there is evidence of genuine use in Australia within the last three years to defend against non-use removal.
Identify ownership discrepancies
Confirm the registered owner matches the current trading entity — check for name changes, mergers, or restructures that require assignment recording.
Review licence agreements
Confirm all licensees are using the mark under a quality control arrangement and that recorded user entries are current.
Identify protection gaps
Identify any new brands, product lines, or taglines that are not yet protected by a trade mark application.
Check for conflicting marks
Search ATMOSS for recently filed marks that may conflict with existing registrations and assess opposition deadlines.
Review international coverage
Assess whether the business needs trade mark protection in overseas markets and whether Madrid Protocol designations are in place.
Assess enforcement history
Review past enforcement actions — cease and desist letters, oppositions, and infringement proceedings — to identify recurring threats.
Prepare audit report
Document findings, prioritise actions (renewals, new filings, enforcement), and provide a recommended timeline and budget.
When this checklist applies
Use this checklist for annual or periodic audit of a trade mark portfolio, or before a corporate transaction involving IP assets.
Common pitfalls
- Not collecting use evidence until a non-use removal action is filed
- Allowing registrations to lapse by missing renewal deadlines
- Failing to record ownership changes after corporate restructures
- Overlooking new product lines that are not covered by existing registrations
- Not monitoring the trade marks register for conflicting new applications
Run this checklist on a real matter
Quillio helps audit trade mark portfolios and flag renewal deadlines and protection gaps. Start a free trial at /free-trial.
This checklist is a general guide. Trade mark portfolio management involves strategic and commercial judgments — obtain specialist IP advice.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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