Is your trade mark portfolio working for you?

What is a trade mark portfolio?

A trade mark portfolio is a collection of registered trade marks and pending applications that a proprietor owns, often across multiple classes and jurisdictions. For UK-based companies, the portfolio will typically include trade marks registered at the UK Intellectual Property Office (UKIPO) but may also cover trade marks registered at the European Union Intellectual Property Office (EUIPO) and international rights where relevant.

Why audit your trade mark portfolio?

Auditing your trade mark portfolio allows you to:

• Identify gaps in protection (e.g., unregistered brand elements, missing classes or new markets, and missing countries)
• Remove unused or obsolete marks that no longer reflect your business needs
• Ensure compliance with renewal deadlines and use requirements
• Avoid conflicts with third-party marks or your own overlapping applications
• Align your strategy with commercial objectives, product lines, and expansion projects
• Ensure your portfolio is in line with any co-existence agreements/undertakings you have signed

How to audit your trade mark portfolio?

1. Review your registered trade marks

Start by listing all your registered trade marks and ensure to check:

• Registration dates and renewal deadlines
• Whether the marks are still used
• Whether the marks have been altered
• The goods/services registered under these marks and if these reflect the goods/services used under these marks
• Whether use aligns with what is protected

Remember: UK trade marks can be vulnerable to revocation on the basis of non-use if they have not been used for 5 continuous years, or within 5 years from registration.

2. Check for gaps and omissions

Ask yourself:

• Have you launched any new brands, sub-brands, products, or services that are not in the portfolio?
• Are there older unregistered brand elements still in use?
• Have you changed your logo or brand identity without updating registrations?

If the answer to any of the above is yes, you may need to expand your current portfolio.

3. Evaluate geographic coverage

If you trade internationally, are your trade marks protected in your key markets?

Consider:

• Import, export and manufacturing countries.
• The fact that UK and EU rights are now separate post-Brexit. 

4. Assess enforcement history and risk

• Have you had to defend your brand previously (e.g., have you sent any cease-and-desist letters or filed any oppositions)?
• Are there competitors using similar marks that you have not yet challenged?
• Have you signed any agreements with any third parties?
• Do your marks overlap with, or dilute, each other?

A proactive strategy - rather than reactive enforcement - can save time, cost, and reputation.

5. Ownership and licensing

• Are all your trade marks registered in the correct name, and at the correct address?
• Are licence agreements in place for franchises, subsidiaries, or collaborations?
• Have you recorded assignments or changes with the relevant Intellectual Property Offices?

Ensuring that your trade marks are ‘up to date’ is essential as it shall avoid disputes and simplify the enforcement of your trade marks.

How to strengthen your trade mark portfolio

Once you have audited your portfolio, you can begin strengthening it by:

• Seeking to register what you use now
• Seeking to register what you intend to use in the near future
• Monitoring the market
• Consolidating and streamlining
• Making a maintenance schedule

Final thoughts

Your trade mark portfolio should evolve with your business. A well-managed portfolio protects your most valuable brand assets, supports strategic growth, and makes your business more attractive to investors, partners, or buyers.

We recommend that our expertise is utilised in such areas as we can keep an up to date portfolio of your trade marks, and we can help advise how to strengthen this. If you have any further questions, please do not hesitate to seek our advice.