Trade Show and Exhibition Checklist: Pre-Show Filing Sequence, Booth and Display Clearance, Confidentiality and Meeting Records, On-Site Enforcement Procedure, and Post-Show Follow-Up

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A ten-phase working checklist for the intellectual property side of an exhibition programme, sequenced backwards from the show date. Phases one and two set the disclosure review and the filing sequence that must complete before the doors open. Phases three and four clear the booth and its contracts. Phases five and six cover the confidentiality protocol and the enforcement file. Phases seven and eight cover conduct on the floor and what to capture. Phases nine and ten cover the thirty days afterwards and the artefacts built once and reused. Each phase closes with a gate.

IP and Technology > Trademarks | Checklist | Published 27 May 2025 - Updated 18 August 2025 | Casey Scott McKay - marksy.us


How to use this checklist

Run it backwards from the show date, which is the deadline that matters — not the launch date and not the shipping date.

Phases one and two must complete before the doors open and cannot be remedied afterwards. Phases three through six should complete in the month before. Phases seven and eight run during the show. Phase nine runs in the thirty days after. Phase ten is built once and reused at every subsequent show.

The single most consequential item in the whole document is Phase 2: a provisional application filed the week before an exhibition preserves every foreign right, and one filed the week after preserves none.

The doctrinal background is Everything on the Stand Is a Disclosure; the operational treatment with worked engagements is Preparing for a Trade Show; the cluster is assembled in the Trade Show and Exhibition IP Toolkit.


Phase 1. The disclosure review, six months out


Phase 2. The filing sequence


Phase 3. Booth and display clearance


Phase 4. The exhibitor contract


Phase 5. Confidentiality and meeting records


Phase 6. The on-site enforcement file


Phase 7. Conduct on the floor


Phase 8. What to capture during the show


Phase 9. The thirty days after


Phase 10. The artefacts built once


Virtual and hybrid events


Sector adjustments


Three worked applications

Three weeks out with an unfiled product

A copy on the floor

The stand the builder owns


Common failures


The client with no budget


Questions that arrive, with standing answers


What good looks like

Seven statements. A company that can make them treats the exhibition as an instrument — filing on a rhythm the show calendar sets, enforcing on a timescale nothing else offers, and building an evidence file that supports every later claim about what it did first. Most companies can make none of them, which is why the trade show remains the most reliable place in the commercial calendar to lose rights that were never recoverable.


A note on proportion


The hand-offs

Most trade show failures are hand-off failures rather than analysis failures, so the checklist should name who receives what and when.



The stand staff briefing, in full

Fifteen minutes at set-up, delivered to everyone who will stand on the stand, covering seven points and a phone number.


Evidence habits worth building

The artefacts this checklist produces are outputs. These are the habits that produce them, and they belong to the show team rather than to legal.


The defensive file

A stand closed on the second morning of a four-day show is a commercial catastrophe reached through a summary procedure with no appeal operating in time, and any exhibitor in a crowded category may be complained about — meritoriously or tactically.


A closing note

Almost nothing in this checklist is difficult, and almost none of it is legal analysis. It is a calendar, a list, a folder, and a briefing.

What makes it hard is that the work must happen months before anybody feels urgency about it, in a process owned by a function that does not report to legal, against a deadline nobody can move. The doctrine is settled; the sequencing is where companies fail.

Which is why the first phase of this checklist is not a legal step at all. It is getting onto a distribution list — and it is, reliably, the intervention that prevents more loss than everything that follows it combined.


The annual review of the programme

Key Authorities at a Glance

Disclosure rules do the work. 35 U.S.C. § 102(a) makes public use or availability prior art; 35 U.S.C. § 102(b) supplies a twelve-month domestic grace period that does nothing in absolute novelty jurisdictions. The on-sale bar operates on the terms of Pfaff v. Wells Electronics, Inc. and Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.. The pre-show instrument is the provisional at 35 U.S.C. § 111(b), worth only what its compliance with 35 U.S.C. § 112 makes it.

Designs run through 35 U.S.C. § 171 and Egyptian Goddess, Inc. v. Swisa, Inc.. Stand trade dress runs through 15 U.S.C. § 1125, Two Pesos, Inc. v. Taco Cabana, Inc., and TrafFix Devices, Inc. v. Marketing Displays, Inc.. Ownership of the stand runs through 17 U.S.C. § 101, § 201, and § 204. Confidentiality is 18 U.S.C. § 1836 and § 1839; border enforcement is 19 C.F.R. Part 133 and 19 U.S.C. § 1337.

| Authority | Phase | | --- | --- | | 35 U.S.C. § 102(a) | 1 — public use and availability | | 35 U.S.C. § 102(b) | 1 — the domestic grace period | | Pfaff v. Wells Electronics, Inc. | 1 — on-sale bar | | Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. | 1 — non-public sales still bar | | 35 U.S.C. § 111(b) | 2 — provisional applications | | 35 U.S.C. § 112 | 2 — what makes a provisional worth filing | | 35 U.S.C. § 171 | 2 — design applications before display | | Egyptian Goddess, Inc. v. Swisa, Inc. | 6 — ordinary observer against a copyist | | 17 U.S.C. § 101 | 3 — work made for hire categories | | 17 U.S.C. § 201 | 3 — the designer owns by default | | 17 U.S.C. § 204 | 3 — signed writing for assignment | | 15 U.S.C. § 1125 | 3 — stand trade dress | | Two Pesos, Inc. v. Taco Cabana, Inc. | 3 — inherently distinctive presentation | | TrafFix Devices, Inc. v. Marketing Displays, Inc. | 3 — functionality limit | | 18 U.S.C. § 1836 | 5 — trade secret claim after a show | | 18 U.S.C. § 1839 | 5 — reasonable measures on the stand | | 19 C.F.R. Part 133 | 6 — customs recordation for show imports | | 19 U.S.C. § 1337 | 6 — import remedies |

Further reading is collected at pre-show filing sequence, trade fair complaint procedure, exhibitor contract intellectual property, stand design ownership, and disclosure decision log.


Related Documents

The doctrine is Everything on the Stand Is a Disclosure; the operational treatment is Preparing for a Trade Show; the cluster is the Trade Show and Exhibition IP Toolkit.

For Phase 2: Three Ways to Own a Shape, the Design Patent Checklist, the International Trademark Toolkit, and the Trademark Portfolio Management Toolkit.

For Phases 3 and 4: Who Owns the Work, the Agency Engagement Checklist, Managing an Agency Relationship, Trade Dress and the Functionality Doctrine, and The Marketing Nobody Paid For.

For Phases 5 and 7: Learning About Your Competitor Lawfully, Running a Competitive Intelligence Programme, the Competitive Intelligence Checklist, Trade Secrets and the DTSA, Permission to Reach Someone, and the Marketing Privacy Compliance Checklist.

For Phase 6: What the Border Asks, Section 337 at the ITC, and the Global Brand Enforcement Toolkit.

For the sector adjustments: Copying a Dress, Selling to Children, You Cannot Own a Recipe, The Device and the Approval, and Operating a Franchise System.


Marksy is not a law firm and this checklist is not legal advice. Novelty rules, grace periods, exhibition priority provisions, and on-site enforcement procedures vary substantially by jurisdiction and by show. Consult qualified counsel before displaying an unfiled product, signing an exhibitor contract, or bringing a complaint at an exhibition.

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