While registering for a specific trademark, care must be taken for its brand or product name. It is important to monitor the trademarks by protecting and enforcing strict laws against its unauthorized access. Trademark watching means to provide a watch or to keep an eye on the market, to protect registered marks and devices, and to take strict action for infringement, if their misuse is encountered.
It is better to identify any trademark infringement or misuse as early as possible since it makes easier for the companies to enforce their trademark rights and to identify any associated risks to prevent them. Both manual and online trademark watch services are available in the market.
Another important aspect is to consider all appropriate trademark registers for identical and similar trademarks in terms of a manual and online basis. Trademark watching can be simply classified into the following classes, on the basis of infringement:
- Duplicate criteria: They include searching for the marks which are completely identical or same marks or devices that appear as a replica of the original mark. For example, company logos, product logos, etc.
- Similar criteria: They include searching for the marks which are similar in appearance, but are not the exact same ones. For example, similar looking logos or marks with a slight difference in words, calligraphy, or sometimes color, etc.
- Opinion-based criteria: They include searching for the marks which are known to appear same or similar on the basis of an attorney’s recommendation. For example, marks which are similar since it was claimed to look same or depict same meaning since it was claimed so by any patent attorney.
Importance of Trademark Watching
Trademark watching is important due to a number of reasons listed below:
- It helps in maintaining a consistent control for the use of marks.
- It helps to avoid anonymous users, restricting them to use the same marks.
- It helps to build the company’s back and gives them legal authorities to fight or claim against any potential infringers, if they were found using the original mark, without authorization.
- It helps in reducing the financial risks related to the usage of company’s marks.
Find out the importance of trademark monitoring for your brand.
Our team at TMReady focusses in providing a wide range of effective watch services that could potentially protect client’s trademarks against all sorts of infringers, on the basis of client’s requirement. For an expert consultation, do visit our service page or simply fill up the Contact Form.