Trademark watching is a service that helps registered trademark owners to monitor the trademark related database. And, it also helps to monitor similar trademarks.
The examiners at the trademark offices are very skilled. But, they do not always report possible conflicts with other trademarks. Moreover, in some countries, like the European Union and United Kingdom, the Trademarks Office will not check for similar trademarks. They leave it up to 3rd parties to oppose during the opposition period. Whereas, some Trademarks Offices (Canada, US, China) check for similar trademarks. And, they possibly refuse registration of newly-filed applications. That is, if they consider they are similar to your already filed marks, eventually your mark is your own responsibility.
Trademark watching allows you to file for opposition or cancellation of similar trademark or simply put a hold of a similar mark on notice by sending them a cease letter and notifying them of your earlier rights. It also reduces the money and time that you spend opposing the registration of that trademark.
Also Read: Avoid Trademark Infringement Easily
What to watch?
Your trademark watching strategy should cover all relevant (similar and identical) trademark applications and broad internet trademark monitoring as well. Examples of wider monitoring could be identifying the sale of copied goods and social media sites, and other possible damage to your brand.
Trademark watching to monitor potentially similar applications will take one of three forms.
- Identical trademark watch: This identifies trademarks (e.g. logos) that are phonetically or visually same;
- Similar trademark watch: Identifies confusingly similar trademarks;
- Trademark watch with opinion: This type includes recommendations from trademark attorney on the results of the other two types of watches based on their consideration of prior rights, impact on a business and its market share.
Also Read: How is Trademark Licensing Beneficial for Your Brand?
Why is trademark watching important?
A trademark is a symbol ranging from a name, image, and word to even a label.
Trademark registration is the initial step when it comes to protecting your brand name. It can be an important asset for your business once registered.
You should keep a watch on all the possible attempts by competitors to register similar trademarks, even if these marks are related to other domains. This makes sure that you fully own your trademark. Usually, the examiner has its own set of rules for registering trademarks. But, it is not enough to ensure that no other similar brand names are registered.
Now, this is where trademark watching becomes important. It keeps you aware of identical or similar brand names across the web or new applications at the trademark office (globally).
In other words, trademark owners are responsible for imposing their trademark rights. They are also responsible for monitoring others’ use of marks that are similar to their own.
The USPTO only assesses applications and registers trademarks. The organization may approve a mark that is similar to your own while reviewing other trademark applications. Monitoring your trademark gives you an opportunity to dispute the registration of another mark.
Another important reason for trademark watching is that you will be aware of applications for similar trademarks at an early stage. That, again gives you chance to file a notice of opposition to the new application during the opposition period, if required. You will miss the chance to start opposition proceedings if your trademark is not monitored. And, then costly legal options would be the only way out.
Also Read: Monitor Trademarks: What and Why?
Why Choose Us? – The Trademark Watch Company
If you are looking to protect your trademark, The Trademark Watch Company (TTWC) will help you in doing so.
TTWC boasts years of experience in trademark watch service so that no one misuses the brand you have built. Also, we keep a vigilant eye on every trademark filing going on multiple countries that can impact one’s brand.
TTWC can help assess if the trademark, trade name or other trade-related assets are being misused anywhere in any jurisdiction.
Our team consists of highly skilled experts with uttermost quality. We cover 92+ countries across the globe and our team has become successful in satisfying our clients.
For more information, visit The Trademark Watch Company.