Spring is famously known for freshness, rebirth and revitalisation. At this time of the year, most households are cleaned in an unusually thorough way. It’s not that nobody bothers to clean their house during other seasons, but in spring, the cleaning is on an entirely different level.

A clean up of your trade mark portfolio involves exactly the same considerations as a spring cleaning of your house; it is a deep kind of cleaning. Just as you would lift and sweep beneath the furniture in your house and chuck away old and unused items of furniture, kitchenware and clothing, you have to assess all trade marks existing on your portfolio in order to determine the following:

• the status of each mark. If it is not registered, what is causing the delay? If it is registered, when is it due for renewal. If the renewal is within the following six months, have renewal instructions been given.
• Are the marks that are registered still being used? If not in use, perhaps those marks may be allowed to lapse.
• Are there new trade marks being used or new products (covered in different classes) for which registration has not been sought and obtained. If not, new applications should be filed for registration.

Where a house has not been cleaned in a while, dust begins to accumulate, spider webs form, trash builds up and before you know it, you are living in complete filth. Cleaning should not only be seen as having to be done for the sake of keeping up appearances when visitors come by, but it should be recognised as playing an integral part of your overall wellbeing. In the house of trade marks, the same ideology applies. For instance, reviewing your trade mark portfolio regularly and thus ensuring that you have registered all relevant trade marks can assist you in circumstances where another trader starts using the same or similar trade mark as yours. In this scenario, the fact that a person is registered as the proprietor of a trade mark is prima facieevidence of the validity of the registration and one would not be faced with the burden of proving use, as would be the case when relying on common law rights.

Ensuring that your trade mark portfolio is updated and clean at all times is clearly indispensible but at least you can rest assured knowing that while it is your responsibility to spring clean your home, your trade mark portfolio cleaning is the responsibility of your trade mark attorney. Have a happy spring.