Trademark Renewal in India.
For execution of renewal filings identified in the audit, including portfolio-level coordination and restoration where eligible under Section 25(4) of the Trade Marks Act, 1999.
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Trademark Portfolio Audit
A trademark portfolio audit determines which marks remain registered, which are approaching renewal, which registrations cover the goods and services actually offered, and where the portfolio leaves the business exposed to non-use cancellation or unprotected expansion. Intepat conducts the audit through registered Trademark Agents on the Section 145 register for Indian assets and an associate network for foreign assets, producing a written report management and in-house counsel can use to govern renewal, abandonment, recordal, and gap-filling decisions.
Commission a trademark portfolio auditRegister-Status Verification
Class and Territory Coverage
Non-Use Risk Review
Renewal Economics
Prune-and-Retain Strategy
What a trademark portfolio audit answers
The audit addresses four practical questions.
What rights are alive?
Live status of each registered mark and pending application is verified against official records in each jurisdiction in scope: Trade Marks Registry records for Indian assets; official registers and, where required, an associate network for foreign assets. Marks believed active may have been removed for non-renewal; the audit flags those discrepancies before restoration options lapse or fresh filing becomes necessary.
What are the renewal and expiry windows?
Renewal due dates and final expiry dates are mapped for each active registration. Indian registration runs in ten-year terms under Section 25 of the Trade Marks Act, 1999; a registration removed for non-payment may be eligible for restoration under Section 25(4) within one year of expiry, subject to statutory requirements.
Where are the coverage gaps?
The verified portfolio is mapped against the client's current products, services, and commercial geographies, identifying registrations protecting goods or services no longer offered, active product lines without registered mark coverage, and pending applications whose class specification may not match the relevant offering.
Which marks are vulnerable on non-use grounds?
Marks not put to bona fide use for the relevant goods or services may be exposed to removal under Section 47(1)(b) of the Trade Marks Act, 1999 once the statutory non-use period has elapsed. The audit flags this risk so that use evidence can be assembled, the specification limited, or the mark allowed to lapse deliberately.
When to commission a trademark portfolio audit
Before the annual renewal cycle.
An audit before renewals fall due allows deliberate abandonment decisions and, where appropriate, separate steps to limit goods or services that no longer match the business.
Before fundraising or investor due diligence.
Investors examine the portfolio regardless. An audit beforehand identifies vulnerabilities before they become negotiating points, and can be shared under NDA in the data-room package.
When brand architecture has changed.
Rebrands, sub-brand consolidation, product-line discontinuations, and category extensions create gaps and surplus in a portfolio simultaneously.
Before international expansion.
The audit identifies which marks are filed where, the Madrid Protocol base-mark dependency position, and gaps to be filled before launch in new jurisdictions.
Before an acquisition, divestiture, or licensing transaction.
Status and gap-analysis information supports brand-valuation discussions before closing. This is distinct from a full transaction-stage IP Due Diligence, which adds validity, freedom-to-operate, encumbrance, and recordal review.
Methodology
The audit is conducted in four stages.
1
Data collection.
The client supplies a working list of trademarks and applications by registration or application number, jurisdiction, class, and date. Where no consolidated list exists, Intepat constructs one from official registers.
2
Status verification.
Each item is verified against the official trademark office records for its jurisdiction. For Indian marks, this covers registration or pending status, renewal position and due dates, registered assignments, licences, and registered-user entries under Section 49 of the Trade Marks Act, 1999, and any pending opposition, rectification, or cancellation proceedings.
3
Coverage analysis.
The verified portfolio is mapped against the business's current product, service, and brand architecture. The analysis identifies registrations covering goods or services no longer offered; product lines without a registered mark; pending applications whose class specification would not cover the corresponding offering; and marks within the Section 47(1)(b) non-use window where use evidence is thin.
4
Opinion and recommendations.
Trademark Attorneys produce a written opinion covering renewal-versus-abandonment recommendations for each mark in scope, a priority list of gap-filling opportunities, non-use-risk flags with mitigation, and a forward renewal docketing schedule.
What you receive
The deliverable is a structured written report comprising:
Status table.
For each registration and pending application, with renewal position, next due dates, and final expiry dates.
Coverage map.
Comparing the portfolio to the client's current goods, services, and brand architecture.
Non-use exposure schedule.
Listing marks within the Section 47(1)(b) window and the use-evidence position for each.
Renewal-versus-abandonment recommendations.
For each active registration, with stated rationale.
Priority list of gap-filling filing opportunities.
Arising from the coverage analysis.
Forward renewal docketing schedule.
Covering the next twelve to twenty-four month renewal window.
The report is prepared under the firm’s standard confidentiality terms.
Methodology limits
A trademark portfolio audit is a status, coverage, and renewal review. Several adjacent services fall outside its scope.
The coverage review identifies apparent alignment or mismatch between registered specifications and the client’s current goods, services, and brand architecture. It is not a formal infringement, clearance, validity, or freedom-to-operate opinion; clearance for a new mark requires a separate engagement under Trademark Search and Clearance. The audit does not assess registrability under Sections 9 and 11 of the Trade Marks Act, 1999, nor does it litigate or oppose third-party marks. Where a third-party registration blocks the client’s specification, separate proceedings (rectification under Sections 47 and 57, opposition, or negotiation) are scoped on instruction.
The jurisdictional scope is confirmed before work begins. For foreign assets, Intepat coordinates through an associate network with the client’s prior approval before any confidential material is shared externally.
Who this is for
- Companies reviewing their trademark portfolio before the annual renewal cycle, covering Indian assets alone or a multi-jurisdictional portfolio.
- In-house IP teams that need a current status baseline before presenting to board or investors.
- Businesses that have undergone brand-architecture changes, rebrands, or category extensions and need portfolio realignment.
- Founders and management teams preparing for due diligence in a fundraising or M&A process.
- Brand owners holding marks within the Section 47(1)(b) non-use window and needing structured use-evidence review.
- Foreign IP firms managing Indian and international trademark portfolios and needing periodic health-checks.
How Intepat delivers
Trademark portfolio audits covering Indian assets are conducted by registered Trademark Agents on the Section 145 register, with file review allocated to attorneys experienced in trademark prosecution, renewal, opposition, and rectification. Coverage analysis applies the standards the Trade Marks Registry applies at examination and the Indian case-law tests for distinctiveness and confusing similarity. For foreign assets, verification is coordinated through an associate network. Recommendations are checked for internal consistency: an abandonment recommendation is cross-checked against the coverage map to confirm no related sub-brand is left without registered protection. Initial scoping requires only application or registration identifiers, jurisdictions, and a high-level brand and product description; instructions and materials are treated as confidential, and conflict checks are run before any engagement opens.
Related IP services
Trademark Portfolio Audit FAQs
What does a trademark portfolio audit cover?
The audit covers status verification against trademark office records, renewal position and forward due-date mapping, coverage analysis against current goods, services, and brand architecture, and renewal-versus-abandonment recommendations with a gap-filling priority list and non-use-risk schedule. It does not cover registrability of new marks, freedom to operate, or infringement.
When is a trademark portfolio audit typically commissioned?
Common triggers are the annual renewal cycle, a material change in brand architecture or product range, preparation for investor due diligence or M&A, and a change of in-house IP leadership requiring a baseline. Audits are also commissioned ahead of international expansion to confirm coverage matches commercial geography.
How is the deliverable structured?
The report comprises a status table for each item in the portfolio, a coverage map against the current brand architecture, renewal-versus-abandonment recommendations with stated rationale, a gap-filling priority list, a non-use-risk schedule for marks within the Section 47(1)(b) window, and a renewal docketing schedule covering the next twelve to twenty-four months. The report is structured for internal management and investor data-room use.
What determines a renewal-versus-abandonment recommendation?
The primary criteria are commercial relevance and cost position. A mark protecting an active product or service in a current market is ordinarily renewed. A mark protecting a brand no longer in use, or in a jurisdiction where the client has no commercial presence, is a candidate for abandonment or specification limitation. Secondary considerations include non-use exposure under Section 47(1)(b), third-party reliance in licensing or co-existence arrangements, and the strategic value of a defensive registration.
What is the relationship between a portfolio audit and IP due diligence?
A portfolio audit is a status and coverage review at the portfolio level for internal strategic purposes. IP due diligence addresses additional transactional questions: validity assessment under Sections 9 and 11 of the Trade Marks Act, 1999, freedom-to-operate of the target's branding, encumbrance review covering recorded licences, assignments, and security interests, and confirmation that recordals are properly entered on the Register.
How is the cost of a trademark portfolio audit structured?
Audit fees depend on the number of marks in scope, the number of classes and jurisdictions covered, and the depth of coverage analysis required. A brief covering status verification and renewal mapping alone is costed differently from one including coverage analysis, non-use evidence review, and a gap-filing opinion. A summary list of registration and application numbers is sufficient for an estimate.
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