- Start with a usable brand inventory
- Check the legal owner and live status
- Compare registered scope with present operations
- Review use evidence and third-party agreements
Start with a usable brand inventory
A trademark audit connects the names the business uses with the rights and evidence it actually holds. It is useful before investment, acquisition, licensing, expansion or a major redesign. The result should be an action list with owners and dates, not just a folder of registration certificates.
List company brands, product names, logos, slogans, important domains and any older names still used on stock. Record the business unit using each item, its commercial importance, countries and goods or services. Include unregistered marks rather than assuming they have no relevance.
Check the legal owner and live status
Compare the official register with the operating business. Record the application number, registered owner, specification, relevant dates and current status. A certificate found in an old email may not reflect a later transfer, limitation, cancellation or expiry.
Examine merger documents, assignments and licence arrangements where a mark moved between a founder, group company or buyer. Make ownership uncertainty a priority issue. A business cannot resolve a chain-of-title gap merely by putting its own name on new packaging.
Compare registered scope with present operations
Read the goods and services specification rather than relying on class numbers alone. Identify important products launched after the original filing and countries entered since registration. A mark registered for one offering may leave gaps for a newer service.
Review the artwork currently used against the registered representation. Keep examples from packaging, websites and invoices. If the main logo has changed, assess whether the existing filing remains adequate and whether additional protection should be considered.
Review use evidence and third-party agreements
Organise dated examples of actual commercial use by mark, owner, territory and product. Save records proportionately and respect customer confidentiality. Use evidence can matter in disputes and non-use challenges; a folder of undated logo images is weak evidence of trading history.
Read distributor, franchise, designer and marketing agreements for brand permissions and ownership. Check whether former partners can still use files or accounts, and whether a licence sets workable quality controls. Distinguish trademark licences from permissions to reproduce copyrighted artwork.
Create a renewal and dispute calendar
Verify each Indian registration's renewal date from the official record. Record upcoming deadlines and who will authorise payment. An application receipt, a reminder from an unsolicited third party or an overseas invoice should not substitute for verification.
List existing examination objections, oppositions, disputes and important competing marks. Preserve evidence before contacting another business. The appropriate response depends on the rights and facts; an audit should not turn every similar name into an accusation of infringement.
Turn gaps into ranked actions
Treat an imminent deadline, uncertain ownership or a serious complaint as urgent. Plan additional class or country coverage according to commercial need. Mark unnecessary or obsolete filings for deliberate review, rather than simply renewing or abandoning them by habit.
For example, a business buying a packaged-food brand might discover that the founder owns the mark while the company owns the stock and website. Documenting and resolving that ownership issue may matter more than adding another social media handle. This is an illustrative audit scenario, not a reported client outcome.
Practical review before you proceed
Keep a small evidence folder with the proposed owner name, mark image, list of actual goods or services, search date, important competing records and any dated use evidence. Assign one person to watch the official application status and another to cover absences. Save submissions and acknowledgements together, because paying a fee does not prove that the correct document was uploaded. Review the portfolio when the business changes name, adds products, transfers ownership or enters another country. This makes later advice more specific and reduces the chance that a commercially important mark is overlooked.
Frequently asked questions
Does a search guarantee registration?
No. Search results support a risk assessment but cannot promise acceptance or rule out every prior right. The Registry examines the application, and other parties may oppose it. Record the search date and limitations.
Does an Indian registration cover other countries?
No. Trademark rights are territorial. Identify the countries where protection is needed and assess national applications or the Madrid route where suitable. A website selling worldwide does not create a worldwide registration.
How often should an audit be done?
Set a schedule suitable for the portfolio and revisit it when products, owners, logos or markets change. An audit does not replace continuous deadline tracking. A small business can maintain a simple register with periodic review.
Does a lapsed registration mean anyone can use the brand?
No such automatic conclusion is safe. Restoration possibilities, prior use, other registrations and passing-off issues may remain relevant. Obtain a specific assessment before adopting a mark because an old registration appears removed.
What should the final audit report contain?
Include the inventory, evidence checked, material gaps, unresolved questions and a dated action list. State the countries and records reviewed so that future users understand the report’s scope and do not treat it as universal clearance.
Official sources and next step
Checked on 9 October 2026. Use the official material below for the applicable form, current conditions and case-specific instructions.
- Trade Marks Act, 1999
- Trade Marks Rules, 2017
- IP India public trademark search
- IP India copyright basics
Contact LIQUETAX with your records and the issue you need resolved. Request a written scope and fee quote before work begins; approval remains with the relevant authority.