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Intellectual Property

Trademark Compliance

Your brand is registered, and you assumed that settled things. Trademark compliance is the ongoing work of using a mark in ways that keep the registration valid and fit the regulatory rules of your industry.

Reviewed

01 GUIDE

Trademark Compliance: what usually happens

Using and marking the brand correctly

A trademark should be used consistently as a brand for goods or services, not as a generic name for the product itself, because marks that drift into generic usage can lose protection. The registration symbol is generally reserved for marks registered with the USPTO for the goods involved, and using it on unregistered marks can create problems in later disputes. Federal registrations require periodic declarations of continued use and renewal filings at set intervals, and the USPTO has increased scrutiny of specimens and audits of claimed goods. Deleting goods you no longer sell is usually safer than claiming use you cannot show. Domain names and social media handles that use the mark should be held by the company rather than by an employee personally.

Licensees, distributors, and affiliates

When others use your mark under license, you are generally expected to exercise control over the quality of what they offer. A license without meaningful oversight risks weakening the mark. Written license terms, approval rights over packaging and advertising, and periodic review of actual use help show that control. The same issue appears inside corporate groups when affiliates use a parent's brand without any written arrangement, and when distributors abroad register the mark in their own names, which can be hard to unwind later. Franchise systems face the same issue on a larger scale, and their operations manuals often serve as quality-control records.

Industry rules that overlap

Some industries add their own layer. Alcohol labels often need federal label approval in addition to any trademark clearance. Marks for goods that are unlawful under federal law generally cannot support a federal registration, and for cannabis-related goods that question is changing with federal scheduling decisions, so current status should be checked before filing. Health and financial claims in advertising raise separate regulatory questions. Bring your registrations, license agreements, current packaging and marketing samples, and any notices from the USPTO. A first review usually identifies the maintenance dates coming up and the uses that need correction.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

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Attorney Advertising. This page is general information about trademark compliance and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.