International Trademark Portfolios: When Does It Make Sense to Let a Registration Go?

For many companies, building an international trademark portfolio is a key part of protecting brand value and supporting global growth. Over time, however, trademark portfolios can become crowded with registrations that no longer align with a company's products, services, or geographic priorities. While businesses often focus on obtaining new trademark rights, they should devote equal attention to evaluating whether existing registrations still serve a meaningful business purpose.

A well-managed trademark portfolio is not necessarily the largest one. Rather, it is a portfolio that reflects current business objectives and delivers value commensurate with the costs of maintaining it.

Trademark Portfolios Should Be Reviewed Regularly

Companies' business strategies evolve. Product lines are discontinued, expansion plans change, acquisitions alter brand architecture, and certain markets may become less important over time. As a result, trademark registrations that once supported a critical business objective may no longer be necessary.

Regular portfolio reviews provide an opportunity to ask important questions, including:

• Is the mark still in use in the country where it is registered?
• Does the company have current or planned business activities in that jurisdiction?
• Is the registration protecting a core brand or a legacy mark?
• Does the registration provide meaningful enforcement value?
• Are there overlapping registrations creating unnecessary redundancy?

Periodic reviews help ensure that trademark resources are focused on assets that support the company's present and future goals rather than historical priorities.

Understanding the Cost of Maintaining Foreign Registrations

Maintaining an international trademark portfolio can be expensive. Beyond initial filing costs, companies often face:

• Renewal fees every 10 years (or other applicable renewal periods);
• Local agent and counsel fees;
• Requirements to file declarations of use or supporting evidence;
• Costs associated with recording ownership changes, mergers, or assignments; and
• Expenses related to monitoring and enforcement.

When multiplied across dozens or hundreds of jurisdictions, these costs can become significant. For organizations managing large global portfolios, allowing non-essential registrations to lapse can create meaningful cost savings that can be redirected toward more strategic brand protection initiatives.

When Letting a Registration Go Makes Sense

There is no one-size-fits-all answer, but several circumstances may justify allowing a foreign registration to lapse.

The Market Is No Longer Strategically Important

If a company no longer does business in a particular country and has no realistic plans to enter that market, maintaining a registration there may provide little practical value.

The Brand Has Been Retired

Companies frequently rebrand products, discontinue services, or consolidate brands following acquisitions. Continuing to maintain registrations for obsolete marks can create unnecessary expense.

The Registration Covers Goods or Services No Longer Offered

A registration may remain on the register long after a company has stopped offering the associated products or services. In those situations, maintaining the registration may not align with actual business activities.

The Costs Outweigh the Benefits

In some jurisdictions, maintaining a registration can require substantial fees, evidence of use, notarizations, or legalized documentation. If the registration protects a relatively low-value asset, the return on investment may not justify ongoing expenditures.

Consider the Risks Before Abandoning Rights

Before allowing a registration to lapse, companies should carefully evaluate potential risks.

Even if a market is not currently important, future expansion plans may change. Once a registration expires, a third party may seek to register an identical or similar mark, potentially making future market entry more difficult and expensive.

Similarly, some registrations provide strategic defensive value by preventing competitors from adopting similar branding. A registration's value may therefore extend beyond current sales in a particular country.

For these reasons, abandonment decisions should be made deliberately and with input from legal, business, and brand stakeholders.

A Portfolio That Supports Business Objectives

Effective trademark portfolio management is not simply about acquiring rights; it is also about making strategic decisions regarding which rights to maintain. By periodically reviewing international registrations and aligning them with current business objectives, companies can reduce unnecessary maintenance costs while preserving protection for their most valuable brands.

In many cases, allowing a registration to lapse is not a sign of weakness. Rather, it can be a prudent business decision that helps ensure trademark resources are invested where they provide the greatest value.