Can a Trademark be Audited?
The Proof of Use Audit Program
The USPTO’s Trademark Registration Audit Program was introduced to ensure the federal trademark register accurately reflects marks that are actually in use. For trademark owners, the audit program creates new compliance obligations and significant risks if proof of use cannot be properly demonstrated.
USPTO Audits Target Goods and Services Not in Actual Use — The Post Registration Proof of Use Audit Program allows the USPTO to randomly audit certain trademark registrations after a Section 8 or Section 71 declaration of use is filed. Selected registrants must submit proof of use for additional goods or services beyond the standard specimen requirements. The goal is to eliminate registrations covering goods or services that are no longer in use, which can unfairly block other marks from registration.
Eligibility, Audit Process, and Proof of Use Requirements — Only certain registrations are eligible for audit, generally those with multiple goods or services per class. If audited, the registrant receives an office action requiring proof of use for specific goods or services identified by the examiner. Proof of use for goods must meet stricter standards than traditional specimens and must show actual commercial use, not mockups. Failure to satisfy the examiner can result in multiple office actions and escalating consequences.
Consequences of Noncompliance and Strategic Responses — If proof of use cannot be provided, registrants must delete unsupported goods or services and may need to file a new declaration if time remains in the statutory filing period. Simply deleting goods does not automatically resolve the audit, as the USPTO may require proof for all remaining items. Continued failure to respond adequately can result in final deletion of goods or complete cancellation of the registration. Experienced trademark counsel can help navigate audit responses, deadlines, and potential petitions to the USPTO Director.
For more information, see our blog post Can Your Trademark Registration Be Audited? | About the Proof of Use Audit Program.
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This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.
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