Trademark Portfolio Inventory — Template
By Casey Scott McKay ·
This is a complete model trademark portfolio inventory — a register, not an agreement — that records every mark a company owns, the serial or registration number that identifies it, the international classes it covers, and every date that can extinguish it. The instrument is organized into six schedules (U.S. filings, foreign and Madrid rights, unregistered marks and trade dress, domains and handles, encumbrances, and a rolling deadline docket), a field dictionary that tells whoever populates it exactly what each column means, an exceptions register, and a signed verification block. Clause-by-clause notes explain what each schedule is for, the authority behind the dates it captures — 15 U.S.C. §§ 1058, 1059, 1065, and 1141k, the three-year non-use presumption in § 1127, and the recordation window in § 1060(a)(4) — and what changes when the facts change. Alternative versions are supplied for a founder with four marks, a buyer's disclosure schedule, a lender's collateral schedule, a litigation-support inventory, and a response to a USPTO post-registration audit. Mechanics cover where the data actually comes from, how to keep the document privileged, who signs it, the current maintenance fee schedule, and the dates to load into the docket the same afternoon. A closing section collects the errors that turn an inventory into false comfort, starting with the owner-name mismatch nobody notices until the buyer's counsel does.
IP and Technology > Trademarks | Form | Published 15 January 2026 - Updated 3 February 2026 | Casey Scott McKay - marksy.us
Summary. A simple, complete register of every mark you own: the numbers that identify it, the classes it covers, and the dates that can kill it. You get the model instrument with every variable bracketed — six schedules, a field dictionary, an exceptions register, and a verification block — plus notes on why each field exists and what statute makes it matter, alternative versions for a four-mark startup and an eighty-mark deal schedule, the data sources that actually populate it, the current USPTO maintenance fees, and the deadlines to docket the day you finish. The last section is the list of ways an inventory quietly lies to you.
Keywords: trademark portfolio inventory · trademark register · schedule of marks · registration number · international class · section 8 declaration · section 9 renewal · section 15 incontestability · docketing deadlines · chain of title · owner of record · madrid protocol renewal · common-law marks · encumbrance schedule · post-registration audit · trademark audit · deal schedule · portfolio management
A trademark portfolio is worth exactly what you can prove you own. The inventory is the proof — a single dated register of every mark, every registration number, every class, and every deadline, signed by the person who compiled it.
Template — not legal advice. Replace every
[BRACKETED]field. Marksy is not a law firm; have important instruments reviewed by a licensed attorney before you rely on them. An inventory that is wrong is worse than no inventory at all, because people stop checking.
What this template is, when to use it, and when not to
This is a register, not an agreement. That distinction is the whole design. An agreement has two sides, a granting clause, and a signature from each party. An inventory has one author, a set of assertions about facts in the public record, an as-of date, and a verification from the person who did the work. If a portfolio inventory arrives on your desk styled "This Agreement is made as of ___ by and between ___," someone has reached for the wrong form; there is no counterparty to a list of your own assets.
Use it when:
- Annual portfolio review. The inventory is the input; the review is the decision-making. Pair it with the Annual Trademark Portfolio Review Checklist, which tells you what to do with what the inventory reveals.
- New counsel inherits a file. Nothing else tells you as fast where the prior firm was and was not paying attention.
- Financing or a sale. The buyer's counsel will build one anyway. Building yours first means you find the defects while you can still cure them, not during exclusivity. See the Trademark Due Diligence Checklist.
- Post-acquisition integration, when you have just absorbed someone else's marks and nobody has reconciled two docketing systems.
- Before an enforcement campaign, because you cannot credibly demand that a third party stop using a mark whose registration you let lapse in 2023.
- Before a rebrand or a product-line extension, when the question "do we already own something close to this?" has a real answer.
Do not use it when:
- You need the work plan rather than the record. The Trademark Portfolio Management Toolkit covers budgets, docketing architecture, and board reporting; this form is the artifact those processes produce and consume.
- You need to interrogate someone else's portfolio. A diligence request list is an adversarial document with different priorities — start from the due diligence checklist above and the IP Due Diligence Toolkit for Mergers, Financings, and Asset Sales.
- You need a live docketing system. An inventory is a photograph; a docket is a clock. The distinction is explained in Docketing Deadlines: Never Miss a Renewal. Do both.
- The asset is not a trademark. Copyright chains of title, trade secret registers, and AI-generated content provenance logs are separate instruments with separate law — see the Copyright Ownership and Chain-of-Title Checklist and the Generative AI IP Compliance Checklist.
Before you start: what you need in hand
Populating this instrument from memory is how errors enter the record. Pull from sources, note the source, and note the date you pulled it.
| Source | What it proves | What it does not prove | | --- | --- | --- | | USPTO TSDR (status and documents) | Current status, owner of record, classes, dates, prosecution history | Who actually owns the mark today | | USPTO Assignment Search | What has been recorded against the property | That the recorded chain is complete or valid | | The file wrapper (TSDR "Documents" tab) | Disclaimers, § 2(f) claims, amendments, specimens actually accepted | Anything filed but not yet imaged | | WIPO Madrid Monitor | International registration number, designations, WIPO renewal date | The separate U.S. § 71 due date | | Foreign associates' reports | Local registration numbers, local renewal cadence | Whether use requirements are satisfied locally | | Registrar exports (domains) | Expiry dates, registrant of record, lock status | Whether the registrant name matches the mark owner | | Company records: licenses, coexistence agreements, settlement agreements, security agreements | Encumbrances and use restrictions | Anything the business signed and never sent to legal | | UCC-1 search in the debtor's state of organization | Perfected security interests in general intangibles | USPTO-recorded liens, which are separate | | Marketing's brand book and the live website | Unregistered marks, taglines, trade dress in actual use | First-use dates |
Have these facts ready before you open the template: the owner's exact legal name and state of organization; every predecessor entity name; the registration and serial numbers; the international classes under 37 C.F.R. § 6.1; the registration date for every registration (every U.S. maintenance deadline counts from it); the filing basis of each application under 15 U.S.C. § 1051(a), § 1051(b), § 1126(d), § 1126(e), or § 1141f; and, for anything unregistered, the earliest date of first use in commerce you can actually document.
Trap. "Owner of record" is a USPTO data field, not a conclusion of law. If Halyard Provisions, Inc. converted to Halyard Provisions LLC in 2022 and nobody recorded the change, TSDR still says "Inc." Your inventory should record both what TSDR says and what is true, and flag the gap in the exceptions register. That single line has saved more deals than any clause in this template.
The model document
Everything from here to the verification block is the instrument. Adapt freely; keep the brackets visible until every one is filled.
PRIVILEGED AND CONFIDENTIAL — ATTORNEY WORK PRODUCT — PREPARED AT THE REQUEST OF COUNSEL
TRADEMARK PORTFOLIO INVENTORY
Owner: [EXACT LEGAL NAME OF OWNER], a [STATE] [ENTITY TYPE]
Principal address: [ADDRESS]
Predecessor / former names in the chain: [LIST ALL, WITH DATES OF CHANGE]
Subsidiaries or affiliates holding marks: [LIST, OR "NONE"]
Inventory as of: [DATE — the "as-of" date for every status statement below]
Prepared by: [NAME, TITLE]
Reviewed by: [NAME OF SUPERVISING ATTORNEY]
Data sources and pull dates: [TSDR — DATE]; [USPTO ASSIGNMENT SEARCH — DATE]; [MADRID MONITOR — DATE]; [REGISTRAR EXPORT — DATE]; [OTHER]
Prior inventory superseded: [DATE OF PRIOR VERSION, OR "NONE — INITIAL INVENTORY"]
Part 1 — Field dictionary
Every entry in Schedules A through F uses these definitions. Do not improvise a field.
- Mark (as registered). The literal element exactly as it appears in the drawing, in the drawing's own capitalization. Note the drawing type:
[STANDARD CHARACTER / SPECIAL FORM (STYLIZED OR DESIGN) / SOUND / COLOR / OTHER NON-TRADITIONAL]. - Owner of record. The name shown at the USPTO, verbatim, including punctuation.
- Actual owner. The entity that in fact owns the mark today. If it differs from line 2, this record goes to Part 8.
- Serial No. / Reg. No. Both, where both exist.
- Filing basis.
[1(a) USE / 1(b) INTENT-TO-USE / 44(d) PRIORITY / 44(e) FOREIGN REG. / 66(a) MADRID]. - Register.
[PRINCIPAL / SUPPLEMENTAL]. Note any § 2(f) acquired-distinctiveness claim, in whole or in part. - Class(es) and identification. International class number(s) and the identification of goods and services as it now reads after any amendment.
- Key dates. Filing date; priority date claimed; publication date; notice of allowance date; registration date.
- First use dates. Date of first use anywhere and date of first use in commerce, as claimed, plus the evidence that supports each.
- Status.
[LIVE — REGISTERED / LIVE — PENDING / LIVE — NOA ISSUED / SUSPENDED / ABANDONED / CANCELLED / EXPIRED], with the status date. - Constraints of record. Disclaimers, translation and transliteration statements, consent agreements of record, color claims, mark descriptions.
- Next deadline. The next action required and its date, keyed to Schedule F.
- In use?
[YES — ALL GOODS / YES — PARTIAL (SPECIFY) / NO — DATE LAST USE / NEVER USED], with the current specimen on file. - Encumbrances. Cross-reference to Schedule E.
- Notes and exceptions. Cross-reference to Part 8.
Schedule A — United States applications and registrations
| # | Mark | Owner of record | Serial No. | Reg. No. | Cl. | Basis | Reg. | Status | Next deadline | In use? |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| A-1 | [MARK] | [NAME] | [SERIAL] | [REG NO.] | [NN] | [1(a)] | [DATE] | [REGISTERED] | [§ 8 — DATE] | [YES] |
| A-2 | [MARK] | [NAME] | [SERIAL] | [—] | [NN, NN] | [1(b)] | [—] | [NOA ISSUED] | [SOU/EXT — DATE] | [NO] |
| A-3 | [MARK] | [NAME] | [SERIAL] | [REG NO.] | [NN] | [1(a)] | [DATE] | [REGISTERED] | [§ 8 & 9 — DATE] | [PARTIAL] |
Record detail — repeat one block for every row above.
A-
[#]—[MARK]Drawing type:[STANDARD CHARACTER]· Register:[PRINCIPAL]· § 2(f):[NO / YES — IN PART AS TO "___"]Owner of record:[NAME, EXACTLY AS AT THE USPTO]· Actual owner:[NAME]Serial No.[NNNNNNNN], filed[DATE], basis[1(a)]; priority claimed[DATE / NONE]Published[DATE]; NOA[DATE / N/A]; Registered[DATE], Reg. No.[NNNNNNN]Class[NN]:[IDENTIFICATION OF GOODS/SERVICES AS CURRENTLY OF RECORD]First use anywhere[DATE]; first use in commerce[DATE]; evidence:[INVOICE / DATED SCREENSHOT / PACKAGING PROOF — LOCATION]Disclaimer:["___" APART FROM THE MARK AS SHOWN / NONE]· Other statements of record:[TRANSLATION / COLOR CLAIM / CONSENT OF RECORD / NONE]Current use:[IN USE ON ALL LISTED GOODS / IN USE ON ___ ONLY / NOT IN USE SINCE ___]Specimen on file:[DESCRIPTION], accepted[DATE]Deadlines: § 8 window[DATE]–[DATE](grace to[DATE]); § 15 eligible[DATE]; § 8 & 9 window[DATE]–[DATE](grace to[DATE]) Encumbrances:[SEE E-__ / NONE]· Exceptions:[SEE X-__ / NONE]
Schedule B — Foreign and international rights
| # | Mark | Jurisdiction | Local App./Reg. No. | Cl. | Route | Reg. date | Local renewal due | U.S. § 71 due |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| B-1 | [MARK] | [COUNTRY] | [NUMBER] | [NN] | [NATIONAL / MADRID / EUTM] | [DATE] | [DATE] | [N/A] |
| B-2 | [MARK] | [WIPO — IR No. ___] | [IR NUMBER] | [NN] | [MADRID] | [IR DATE] | [WIPO RENEWAL DATE] | [DATE, IF U.S. DESIGNATED] |
Madrid supplement (complete for every international registration).
Basic U.S. application/registration No. [NUMBER] · IR No. [NUMBER], registered [DATE]
Dependency period ends [IR DATE + 5 YEARS] · Designated contracting parties: [LIST]
Provisional refusals received: [COUNTRY — DATE — STATUS] · Subsequent designations: [LIST / NONE]
WIPO renewal due [DATE] — note: this is not the same date as any U.S. § 71 affidavit.
Schedule C — Unregistered marks, trade dress, and trade names
| # | Mark or element | Type | Goods/services | Territory of actual use | First use in commerce | Evidence file | Registration decision |
| --- | --- | --- | --- | --- | --- | --- | --- |
| C-1 | [MARK] | [WORD MARK / TAGLINE / LOGO / TRADE DRESS / TRADE NAME] | [DESCRIPTION] | [STATES / METRO AREAS / NATIONWIDE ONLINE] | [DATE] | [LOCATION] | [FILE / MONITOR / RETIRE] |
Schedule D — Domain names, handles, and marketplace registries
| # | Asset | Registrar / platform | Registrant or account of record | Expiry / renewal | Auto-renew | Locked | Maps to mark |
| --- | --- | --- | --- | --- | --- | --- | --- |
| D-1 | [DOMAIN] | [REGISTRAR] | [NAME] | [DATE] | [Y/N] | [Y/N] | [A-1] |
| D-2 | [@HANDLE] | [PLATFORM] | [ACCOUNT EMAIL] | [N/A] | [—] | [—] | [A-1] |
| D-3 | [BRAND REGISTRY / CBP RECORDATION] | [PLATFORM / CBP] | [ACCOUNT] | [DATE] | [Y/N] | [—] | [A-1] |
Schedule E — Encumbrances, restrictions, and obligations
| # | Instrument | Date | Counterparty | Marks affected | Nature | Recorded? | Key dates |
| --- | --- | --- | --- | --- | --- | --- | --- |
| E-1 | [LICENSE OUT] | [DATE] | [LICENSEE] | [A-1] | [EXCLUSIVE, CL. NN, U.S. ONLY] | [N/A] | [TERM END / AUDIT RIGHT / QC REPORT DUE] |
| E-2 | [SECURITY AGREEMENT] | [DATE] | [LENDER] | [ALL] | [LIEN ON GENERAL INTANGIBLES] | [UCC-1 + USPTO REEL/FRAME] | [TERMINATION] |
| E-3 | [COEXISTENCE AGREEMENT] | [DATE] | [PARTY] | [A-3] | [NO USE IN CL. NN / FONT AND COLOR LIMITS] | [CONSENT OF RECORD? Y/N] | [PERPETUAL] |
| E-4 | [ASSIGNMENT IN] | [DATE] | [ASSIGNOR] | [A-2] | [FULL, WITH GOODWILL] | [REEL ___ / FRAME ___] | [—] |
Schedule F — Deadline docket, next 24 months
| Due date | Grace to | # | Mark | Action | Statutory basis | Fee (per class) | Owner of task | Docketed? |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| [DATE] | [DATE] | A-1 | [MARK] | § 8 declaration of continued use | 15 U.S.C. § 1058 | [$325] | [NAME] | [Y] |
| [DATE] | — | A-1 | [MARK] | § 15 incontestability (optional) | 15 U.S.C. § 1065 | [$250] | [NAME] | [Y] |
| [DATE] | [DATE] | A-3 | [MARK] | Combined § 8 & § 9 renewal | 15 U.S.C. §§ 1058, 1059 | [$650] | [NAME] | [Y] |
| [DATE] | — | A-2 | [MARK] | Statement of use or extension request | 15 U.S.C. § 1051(d) | [$150 / $125] | [NAME] | [Y] |
| [DATE] | [DATE] | B-2 | [MARK] | § 71 affidavit (Madrid extension) | 15 U.S.C. § 1141k | [$325] | [NAME] | [Y] |
| [DATE] | — | B-2 | [MARK] | WIPO international renewal | Madrid Protocol art. 7 | [CHF — VARIES] | [NAME] | [Y] |
| [DATE] | — | D-1 | [DOMAIN] | Domain renewal | — | [—] | [NAME] | [Y] |
| [DATE] | — | E-1 | [MARK] | Licensee quality-control inspection | Contract § [__] | [—] | [NAME] | [Y] |
Part 8 — Exceptions and open items
| # | Ref. | Issue | Risk if unresolved | Proposed cure | Owner | Target date |
| --- | --- | --- | --- | --- | --- | --- |
| X-1 | A-1 | Owner of record is [FORMER NAME]; entity converted [DATE] | Recordation gap; § 8 signed by wrong entity; deal delay | Record change of name; confirm chain | [NAME] | [DATE] |
| X-2 | A-3 | Registration covers [GOODS] no longer sold | Vulnerable on audit, reexamination, or partial cancellation | Delete goods with next § 8 filing | [NAME] | [DATE] |
| X-3 | C-1 | Tagline in national use, unregistered | No constructive nationwide priority | File § 1(a) application | [NAME] | [DATE] |
| X-4 | E-1 | License contains no quality-control provision | Naked licensing exposure | Amend or terminate | [NAME] | [DATE] |
Part 9 — Verification
I prepared or supervised the preparation of this inventory. The statements of status are drawn from the sources and pull dates identified above and are accurate to the best of my knowledge as of the as-of date. Items I could not verify are listed in Part 8 rather than assumed.
Prepared by: ______________________ [NAME, TITLE] Date: __________
Reviewed by: ______________________ [NAME, SUPERVISING ATTORNEY] Date: __________
Next scheduled refresh: [DATE]
Clause-by-clause drafting notes
The privilege legend and the "prepared at the request of counsel" line. An inventory is a candid document; Part 8 is a list of your own defects in writing. Label it, route it through counsel, and keep circulation narrow. The legend is not magic — privilege turns on the actual purpose and circulation of the document — but an unlabeled spreadsheet emailed to twenty people in marketing is not going to be protected either. Where the same facts must go to auditors or a lender, produce a stripped factual extract and keep Part 8 out of it.
The owner block and predecessor names. Chain of title is the defect that most often surfaces in diligence, and it almost always starts as a clerical event: a conversion, a merger, a name change, a holding-company reshuffle. Under 15 U.S.C. § 1060(a)(4), an assignment is void against a subsequent purchaser for value without notice unless it is recorded within three months of the assignment or before the subsequent purchase, so unrecorded links are not merely untidy. Listing every predecessor name here is what lets the next person run a complete USPTO Assignment Search. The recordation mechanics live in the Trademark Assignment Recordal Checklist, and the doctrine — including why a bare transfer without goodwill fails — in Trademarks in the Deal. See also Restatement (Third) of Unfair Competition § 33 (1995).
The as-of date and pull dates. Status is perishable. A registration that was live when you pulled TSDR in March can be cancelled by September under 15 U.S.C. § 1058(a) if nobody filed. Recording the pull date converts the inventory from an assertion into a dated observation, which is the only honest thing it can be.
Part 1, the field dictionary. The dictionary exists because inventories are usually populated by more than one person over more than one year. Free-text fields drift; "in use" comes to mean three different things. Defining fields once, at the top, is the difference between a register you can query and a spreadsheet you have to re-verify.
Schedule A, field 5 (filing basis). The basis dictates the entire timeline. A § 1(b) intent-to-use application produces a notice of allowance and then a statement of use due within six months, extendable in six-month increments up to thirty-six months from the NOA. 15 U.S.C. § 1051(d)(1)–(2). A § 44(e) registration under 15 U.S.C. § 1126(e) can register without any U.S. use at all — and then becomes a § 8 problem five years later, because § 1058 requires actual use regardless of how the registration issued. A § 66(a) extension of protection is maintained under 15 U.S.C. § 1141k, not § 1058. Miscode the basis and you docket the wrong deadline. The filing-basis decision tree is worked through in the Trademark Application and Prosecution Toolkit.
Schedule A, field 7 (class and identification). Record the identification as it reads now, after every amendment — not as filed. Scope creep in the other direction is the common error: a company sells three products and the registration recites eleven. That surplus is not free. It invites a USPTO post-registration audit under 37 C.F.R. § 2.161(b), which requires additional proof of use for goods the Office selects, and it supplies a target for ex parte reexamination under 15 U.S.C. § 1066b, available within five years of registration, or expungement under § 1066a between the third and tenth anniversary. Drafting and pruning identifications is covered in the Goods and Services Identification Checklist and, doctrinally, in The Nice Classification System.
Schedule A, field 9 (first use dates). Two dates, because the statute uses two: first use anywhere and first use in commerce. Both were sworn to. Both can be tested. Record the evidence, not just the date — a dated invoice, an archived product page, a packaging proof with a print date. Where the evidence has gone missing, say so in Part 8 rather than repeating the number on the certificate as though it were verified. Common-law rights depend on the same proof; see the Common-Law Priority Evidence Checklist.
Schedule A, field 13 (in use?). This is the field that does the most work and gets the least attention. Non-use for three consecutive years is prima facie evidence of abandonment under 15 U.S.C. § 1127, shifting the burden to the owner to show intent to resume use within the reasonably foreseeable future. See Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387, 1391 (Fed. Cir. 2010); McCarthy on Trademarks and Unfair Competition ch. 17 (5th ed.). A "partial" answer here — in use on tote bags, not on the outerwear the registration also recites — is the single most valuable line in the document, because it tells you exactly which goods to delete before the § 8 rather than after an audit. See Use It or Lose It and, for the evidentiary fight, Proving and Defeating Trademark Abandonment.
Schedule B and the two-clock problem. For a U.S. registration issued through the Madrid Protocol, the § 71 affidavit under 15 U.S.C. § 1141k is due in the one-year window preceding the sixth anniversary of the U.S. registration date, and then in the year preceding the end of each ten-year period after that date. The international registration itself renews with WIPO every ten years from the IR date. Those are different dates, paid to different offices, and missing either one is fatal to the U.S. protection. The five-year dependency period — during which cancellation of the basic U.S. application takes the IR down with it, subject to transformation rights — runs from the IR date as well. Route selection and its consequences are covered in the International Trademark Toolkit and Designating Countries Under the Madrid System.
Schedule C, unregistered marks. Most portfolios contain more unregistered marks than registered ones: taglines, sub-brands, product configurations, the trade dress of a retail interior. They are assets, and they are territorially limited in a way registrations are not — the geography of common-law priority is set out in Where Your Trademark Rights End. The "registration decision" column forces a call: file, monitor, or retire. Leaving the column blank for three years is itself a decision. For product look and feel, pair with the Trade Dress Protection Checklist.
Schedule D, registrant-of-record. Domains are where ownership quietly leaves the building. A departing web developer's personal account holds the registrar login; the WHOIS registrant is a marketing agency; the brand-registry account is tied to an intern's email. The column that matters is "registrant or account of record," not "who we think owns it." Enforcement infrastructure — registry locks, marketplace brand registries, CBP recordation — belongs here too; see the Online Brand Protection Toolkit.
Schedule E, encumbrances. Three categories, and companies routinely capture only the first. Licenses out create quality-control obligations: a license without meaningful control over the licensee's goods or services can be held a naked license and forfeit the mark entirely. See Naked Licensing; the operational side is the Trademark License Quality Control Checklist. Security interests are perfected under state UCC Article 9 against general intangibles, but recordation at the USPTO is still worth doing for notice purposes. Coexistence and settlement agreements are the sleeper: they permanently narrow how a mark may be used — font, color, channel, territory, class — and they are usually filed with the deal documents rather than the trademark records, so nobody consults them before the next product launch. See the Trademark Coexistence Agreement — Template.
Schedule F, the docket extract. Twenty-four months is the right horizon: long enough to budget, short enough that people believe it. Every row carries its statutory basis so that the reason for the date travels with the date. Note that the § 8 and § 9 windows both run from the registration date — the § 8 in the year before the sixth anniversary, with a six-month grace period under § 1058(a)(3), and the combined § 8 & 9 in the year before each tenth anniversary under §§ 1058 and 1059, again with a six-month grace period. Section 15 has no deadline in the same sense: incontestability under 15 U.S.C. § 1065 becomes available after five consecutive years of continuous post-registration use, and the affidavit is filed within one year after the close of a qualifying five-year period. Most practitioners file § 8 and § 15 together for convenience. See Filing a Section 8 Declaration of Continued Use, Section 15 Incontestability, and the Section 8 & 9 Renewal Checklist.
Part 8, exceptions. The exceptions register is the reason this instrument is worth signing. An inventory that reports only good news is a marketing document. Each row should name the risk in plain terms and assign a human being and a date.
Part 9, verification. Not an oath and not a certification to any tribunal — a professional attestation that the work was done from sources rather than from memory. The line "items I could not verify are listed in Part 8 rather than assumed" is doing real work: it tells the reader what the silence in the tables means.
Alternative and optional versions
The founder's one-pager. Four marks, one class each, no foreign filings. Keep the owner block, Schedule A in table form only, Schedule D, and Schedule F. Drop the record-detail blocks and the field dictionary. Ten minutes a quarter. The trademark decisions that actually face a company at this stage are collected in the Startup and Founder Brand Toolkit.
The deal disclosure schedule. When the inventory becomes "Schedule [3.12(a)] — Intellectual Property" to a purchase agreement, three things change. Strip the privilege legend — a disclosure schedule is a contractual exhibit, not work product. Delete Part 8 from the schedule itself and handle those items as specific disclosures against the representations, negotiated exception by exception. Add a lead-in tying the schedule to the exact representation it qualifies. Sellers should assume the buyer is running the Trademark Due Diligence Checklist against it line by line; the buyer's playbook is Trademark Due Diligence in Mergers and Acquisitions.
The lender's collateral schedule. Add columns for reel and frame of any recorded security interest, the UCC-1 file number and jurisdiction, and a "released?" flag. Lenders want registration numbers and owner names to match the borrower's exact legal name on the UCC-1; a mismatch between "Halyard Provisions, Inc." on the financing statement and "Halyard Provisions LLC" at the USPTO is precisely the kind of defect this column surfaces.
The litigation-support inventory. Add: enforcement history per mark (demand letters sent, TTAB proceedings, settlements), third-party uses tolerated, survey evidence in hand, and sales and advertising figures by year. Tolerated third-party use goes to the strength of the mark; the enforcement history goes to laches and to the credibility of your policing story. Feed it from your watch program — see Trademark Watch Services: What to Monitor and the Brand Enforcement Toolkit.
The audit-response inventory. When the USPTO issues a post-registration audit under 37 C.F.R. § 2.161(b), you need, per audited good, a specimen and a use date, fast. Build a temporary Schedule A-1 with one row per item rather than per registration. Where use cannot be shown, delete rather than improvise: a false statement made with intent to deceive is fraud, though the standard is deliberately hard to meet. In re Bose Corp., 580 F.3d 1240, 1245 (Fed. Cir. 2009). See Fraud on the Trademark Office and the Trademark Fraud Claim and Self-Audit Checklist.
Registered versus common-law emphasis. A portfolio of unregistered rights inverts the template: Schedule C moves to the front, and each row needs territory, penetration evidence, and continuity of use, because those facts are the right. A registration-heavy portfolio can lead with Schedule A and treat Schedule C as a filing pipeline.
Mechanics: refreshing, circulating, and calendaring
This instrument is not filed anywhere. Its mechanics are internal, and they are what determine whether it stays true.
Refresh cadence. Annually at minimum; quarterly for Schedules D and F; immediately on any entity name change, acquisition, financing, or product launch. Overwrite nothing — keep superseded versions, because the diff between two inventories is a useful record of what changed and when someone knew it.
How to refresh. Re-pull TSDR status for every live serial and registration number, re-run the USPTO Assignment Search against every owner and predecessor name, re-export registrar data, and re-request status from foreign associates. Then reconcile against the docketing system in both directions: every deadline in Schedule F should exist in the docket, and every docket entry should correspond to a row in the inventory. Orphan docket entries usually mean a mark nobody told you about.
Privilege and circulation. Keep the full version — Part 8 included — with counsel and a named internal owner. Circulate a factual extract to finance, marketing, and insurance. Never let the exceptions register travel in an email thread with a business subject line.
Fees to budget from Schedule F. Per the USPTO fee schedule effective January 18, 2025; confirm current amounts before filing.
| Filing | Authority | Fee (per class) | | --- | --- | --- | | § 8 declaration of continued use | 15 U.S.C. § 1058 | $325 | | § 9 renewal application | 15 U.S.C. § 1059 | $325 | | Combined § 8 & § 9 | §§ 1058, 1059 | $650 | | § 15 declaration of incontestability | 15 U.S.C. § 1065 | $250 | | § 71 affidavit (Madrid extension of protection) | 15 U.S.C. § 1141k | $325 | | Grace-period surcharge (§ 8, § 9, § 71) | § 1058(a)(3), § 1059(a) | $200 | | Deleting goods after filing a § 8 or § 71 but before acceptance | 37 C.F.R. pt. 2 | $250 | | Statement of use / extension request | 15 U.S.C. § 1051(d) | $150 / $125 |
What to calendar the same afternoon you finish. Every § 8, § 8 & 9, § 71, and WIPO renewal date, each with a six-month and a ninety-day advance reminder and, where a grace period exists, a separate hard-stop entry. Every SOU or extension deadline. Every office action response date — three months, extendable once by three months on request and fee under 37 C.F.R. § 2.62(a). Every § 15 eligibility date. Every domain expiry. Every licensee inspection and royalty report date from Schedule E. Every target date in Part 8. And the next inventory refresh. The renewal cadence in plain terms is in Trademark Renewal Deadlines Explained.
Common mistakes
Recording the owner as the company calls itself. "Halyard" is not "Halyard Provisions, Inc." The inventory must carry the USPTO string verbatim and the true owner separately. Every mismatch is a Part 8 item.
Treating the certificate as the current identification. Registrations get amended, goods get deleted after audits, and classes get divided. Pull the current identification from TSDR, not from the framed certificate on the wall.
Docketing the § 8 from the filing date. It runs from the registration date. This is the most common single error in a homemade docket, and it costs a registration.
One Madrid date. Recording the WIPO renewal and assuming it covers the U.S. § 71, or the reverse. Two clocks, always.
Leaving intent-to-use applications out because "they aren't real yet." A § 1(b) application with a notice of allowance is on a thirty-six-month fuse. See the Statement of Use Filing Checklist and the Request for Extension of Time to File a Statement of Use — Template.
Answering "in use?" at the registration level. Use is per good, and audits are per good. Answer per item or answer "partial" and specify.
Omitting coexistence and settlement obligations. A registration you cannot use the way you want is not the asset the inventory says it is.
Never writing down what you could not verify. Silence in a table reads as confirmation. Part 8 exists so that it does not.
Building the inventory and not the docket. A photograph does not ring. The register and the clock are two instruments, and you need both — see the Trademark Maintenance and Survival Toolkit.
Related Documents
Articles
- Docketing Deadlines: Never Miss a Renewal — why the inventory and the docket are different instruments, and how to keep them synchronized.
- Trademark Renewal Deadlines Explained — the § 8, § 9, and § 15 cadence in plain terms, with the grace periods.
- Use It or Lose It: Trademark Abandonment, Non-Use, and the Three-Year Presumption — what the "in use?" column is actually protecting you from.
- Trademarks in the Deal: Chain of Title, Security Interests, and the Anti-Assignment-in-Gross Rule — why the owner block and predecessor names matter more than anything else in the file.
- The Nice Classification System — how classes and identifications set the real scope of each row.
- Naked Licensing: How Sloppy Quality Control Kills a Trademark — the risk hiding in Schedule E.
- Where Your Trademark Rights End — territory as a data field for Schedule C.
- Fraud on the Trademark Office: What In re Bose Actually Requires — the standard behind "delete rather than improvise."
Guides
- Building and Managing a Trademark Portfolio — the strategy this register serves.
- Filing a Section 8 Declaration of Continued Use — the filing most Schedule F rows point to.
- Section 15 Incontestability: When and How to File — the optional filing worth pairing with the § 8.
- Designating Countries Under the Madrid System — what Schedule B has to track and why.
- Trademark Watch Services: What to Monitor — how to keep the enforcement columns populated.
- Proving and Defeating Trademark Abandonment — when a gap in use becomes a legal problem.
- Specimen Refusals: Why the USPTO Rejected Your Proof of Use — before you rely on the specimen you have on file.
- Trademark Due Diligence in Mergers and Acquisitions: An IP Buyer's Guide — how the other side will read your schedule.
Checklists
- Annual Trademark Portfolio Review Checklist — the decisions to make once the inventory is built.
- Section 8 & 9 Renewal Checklist — the maintenance filings, step by step.
- Trademark Due Diligence Checklist: Chain of Title, Encumbrances, and Deal Risk — the adversarial version of this instrument.
- Goods and Services Identification Checklist — for pruning and repairing the identification column.
- Trademark Assignment Recordal Checklist — for curing the recordation gaps in Part 8.
- Statement of Use Filing Checklist — for every § 1(b) row in Schedule A.
- Trademark Fraud Claim and Self-Audit Checklist — before you sign anything with a use statement in it.
- Trademark License Quality Control Checklist — the obligations Schedule E generates.
- Trademark Fair Use Audit Checklist — the mirror-image exercise for third-party marks you use.
- Generative AI IP Compliance Checklist — for brand assets generated with AI tools, where provenance belongs in the record.
- Common-Law Priority Evidence Checklist — the evidence Schedule C depends on.
- Trade Dress Protection Checklist — for the non-word rows.
- Pre-Filing Trademark Application Checklist — for everything the inventory tells you to file.
Toolkits
- Trademark Portfolio Management Toolkit: Budgets, Audits, Docketing, and Reporting — the management system this register plugs into.
- Trademark Maintenance and Survival Toolkit — the deep treatment of everything in Schedule F.
- Trademark Application and Prosecution Toolkit — filing bases, prosecution timelines, and the numbers your rows carry.
- Trademark Refusals and Statutory Bars Toolkit — for the pending rows that are in trouble.
- International Trademark Toolkit: Madrid, Paris, and Country-by-Country Strategy — Schedule B, in depth.
- IP Due Diligence Toolkit for Mergers, Financings, and Asset Sales — when the inventory becomes a deal document.
- Online Brand Protection Toolkit — Schedule D, in depth.
- Brand Enforcement Toolkit: Watching, Warning, and Escalating — turning inventory into policing.
- Startup and Founder Brand Toolkit — the one-pager version and what comes next.
- The Solo and Small Firm IP Practice Toolkit — running this process without a docketing department.
Templates & Forms
- Section 8 Declaration — Template — the filing behind most Schedule F rows.
- Request for Extension of Time to File a Statement of Use — Template — for the § 1(b) rows on the thirty-six-month fuse.
- Trademark Assignment Agreement — Template — for curing or documenting chain-of-title items.
- Trademark License Agreement — Template — the instrument behind Schedule E licenses out.
- Trademark Coexistence Agreement — Template — the restriction most often missing from an inventory.
Across the Wider Corpus
The Marksy library now extends well beyond the register. These sit outside this document's immediate subject and bear on it directly — sector-specific brand practice, the adjacent federal regimes, and the disputes a trademark question runs into once it leaves the USPTO.
- What You Actually Own: Running an IP Audit That Produces Decisions Instead of Spreadsheets — the doctrinal treatment of running an IP audit that produces decisions instead of spreadsheets.
- The Section 44 Route: Paris Convention Priority, Foreign Registrations, and Filing Without Use — how Paris Convention priority and § 44(e) let an applicant register without use, and what that costs in enforceable scope.
- Conducting a Cross-Regime IP Audit: A Practitioner's Guide to Inventory, Ownership Verification, Encumbrances, and Pruning — the operational steps for inventory, ownership verification, encumbrances, and pruning.
- Building an International Filing and Anti-Squatting Program: A Practitioner's Guide to China, the EU, and Emerging Markets — the programme for filing ahead of squatters in China, the EU, and emerging markets.
- Filing on a Foreign Basis: A Practitioner's Guide to Section 44 Priority Claims, Home Registrations, and Scope Traps — the foreign-basis filing route, where a home registration substitutes for use and the identification inherits scope problems the USPTO will not fix later.
- Clearing and Filing for Virtual Goods, NFTs, and Digital Collectibles: A Practitioner's Guide — the operational steps for clearing and filing for virtual goods, NFTs, and digital collectibles.
- IP Audit Checklist: Asset Inventory, Chain of Title, Encumbrances, Maintenance, Budget, and Board Reporting — the working sequence for asset inventory, chain of title, encumbrances, maintenance, budget, and board reporting.
- Franchise System IP Checklist: Mark and System Documentation, Disclosure and Registration Records, Standards and Inspection Evidence, Territory and Transfer Terms, and Post-Termination De-Identification — the franchise-side discipline, where quality control stops being advisory and becomes a disclosure obligation.
- Trademark Filing Integrity Checklist: Counsel Verification, Specimen Vetting, and Scam Solicitation Response — the integrity pass that catches a doctored specimen, an unverified foreign filer, and the solicitation that looks like an official notice.
- Travel and Loyalty Brand Checklist: Programme Terms, Co-Brand and Partner Marks, Channel Control, Review Platforms, and Franchise Flags — the working sequence for programme terms, co-brand and partner marks, channel control, review platforms, and franchise flags.
- IP Audit and Portfolio Governance Toolkit: Inventory, Ownership, Cost, and Reporting — clause language and working templates for inventory, ownership, cost, and reporting.
- Brand Valuation and Monetization Toolkit: Royalties, Collateral, and Deal Value — clause language and working templates for royalties, collateral, and deal value.
This document is general information about the law, not legal advice, and does not create an attorney-client relationship. Trademark and copyright outcomes turn on specific facts. Marksy is not a law firm.