Trademark Self-Check: Is Your Brand Identity Possessed by Someone Else?

Your brand might not be as protected as you think. Today I’m showing you how to audit your trademark protection in 2026.

Let’s walk through five critical questions you need to ask about your trademarks.

Question one: What are you using versus what’s registered?

I see trademark creep like this all the time. You registered, say, “King Business and Patent Law” five years ago, but now you operate as “King Patent Law.” That’s a different mark. The old registration doesn’t protect the current name.

Your registration needs to match what you’re actually using.

Question two: Have you expanded into new categories?

Trademarks are registered in specific classes of goods or services. If you started as a bakery selling baked goods but now you also sell kitchen equipment, your original trademark registration doesn’t cover the new category.

You need to file for expanded protection.

Question three: Are you using the ® symbol correctly?

This is one of the most common mistakes I see.

You can ONLY use ® on federally registered trademarks. If your application is pending, you cannot use ®. If you never filed, you definitely cannot use ®. State registration doesn’t count.

Using ® incorrectly can get your application rejected or expose you to fraud claims.

If your mark isn’t registered, use ™ for goods or ℠ for services. But not ®.

Question four: Do you own your domains and social handles?

Check who owns your primary domain. Make sure it’s set to auto-renew.

Are your social media handles consistent with your trademarks? If someone else has your handle, you might need to reach out to acquire it or get it transferred to you.

Question five: Are there trademark squatters or infringers?

Search for variations of your brand name on social media, domain registrars, and the USPTO database.

If you find someone using a confusingly similar name, you may need to take legal action.

These five questions will help you identify gaps in your trademark protection.

For the complete IP audit checklist, watch the full video from earlier this week and download the free checklist using the link below.