Trademark availability search and watch services help companies around the world in protecting their brands. These brands are associated with the company’s reputation and overall value. Thus, via employing brand protection, companies safeguard their business and also enable it to grow faster and stronger.
A Trademark (TM) is an important IP right that allows you to protect your brand. However, to use this right effectively, you need to ensure that you conduct an exhaustive search before registering for a trademark. Moreover, you must monitor your mark thereafter to detect infringement and take legal actions. This article discusses the top 10 use cases of trademark availability search and watches. These help all TM practitioners in advising their clients about effective brand protection.
Trademark Availability Search vs Trademark Watch
Experts usually conducts a trademark availability search before filing a trademark application with the Patent and Trademark Office. It is done to ascertain that there are no conflicting marks to your proposed mark. On the other hand, a trademark watch is recommended after a trademark is granted to identify potential threats to your trademark.
Also Read: Latest USPTO Trademark Rules?
10 Use Cases of Trademark Availability Search and Trademark Watch
Now you are aware of the concept of trademark availability search and watch. Thus, we must discuss some important use cases of TM search and watch.
Trademark availability search before entering a new market or launching a product
You may plan to launch a product or venture into a new market space. Thus, it is advisable to conduct an exhaustive mark search beforehand. Thus helps in avoiding any infringing issues on marks of other brands or businesses. Therefore, prior mark searches save you from potential legal hassles.
Also Read: The Importance of Trademark Name Search
Trademark availability search for overcoming examiner’s objection
At the time of trademark filing, you are usually unaware of the objections that may arise in the future. An objection is one of the preliminary stages in the registration process. The decision of place of hearing falls as per the jurisdiction under which the case is. Thus, to overcome an examiner’s objection in court, attorneys should advise trademark availability search to their clients. Moreover, they must do this in accordance to the type of objection they face.
Also Read: Major Trademark Registration Benefits You Need To Know
Trademark availability search before merger deals with other firms
Whenever two businesses merge as part of an agreement, conflicts related to IP rights arise quite often. To navigate such conflicts, you need to perform a trademark search. Moreover, you need to collect information about the number of trademarks your potential partner has. You must get an idea about how many of them are registered and active. Moreover, you must keep a count on the number of expired trademarks and the trademarks filed recently as well.
Also Read: How to perform a Trademark Knockout Search?
Trademark availability search for portfolio management
Trademark portfolio management is a process that involves time and planned management of trademarks. It includes all activities from trademark registration to maintenance to complete protection in the desired jurisdictions.
However, before you start managing your trademark portfolio, you need to know about your trademarks. This is where a trademark availability search comes into the picture. It gives you a clear idea of your trademark portfolio and eventually you save your time and money.
Trademark availability search for conducting market research on specific goods & services
You may decide to capture the market in particular goods & services. However, you must remain aware of other players in the market and their goods & services. Therefore, an exhaustive trademark availability search helps you gather this information. It helps you devise strategies to launch products with new names under specific goods & services.
Also Read: Common Law Trademark: All You Need to Know
Trademark availability search and watch in case of business expansion
When businesses expand their offerings, they often test their products and services. While testing products is crucial, filing trademarks for these products and services is equally important. This is because a trademark legally protects you and verifies that your services are unique. Thus, once you secure a trademark, you gain the flexibility to gradually expand your business across geographies.
Also Read: Trademark Search Database
Trademark watch to keep an eye on competitors
To stay ahead of the curve, it is important to continually monitor your competition. Competitor trademark watch allows you to keep an eye on your competitors. Additionally, it helps you understand the industry trends and allows you to make the right business decisions.
Also Read: How to Get a Trademark for Logo?
Trademark watch to analyze the market trend
It is important to acknowledge that times are changing. Thus,to stay ahead of the curve, you need to adapt to these changes quickly. Market trends compare industry data over a period of time. These help you recognize consistent trends that you can use to map your business strategies. Moreover, you can align it with the general direction of your industry as well.
Hence, trademark watch helps you to analyze the market trends in your concerned domain. This helps you to know about the products & services that are available in the market. Moreover, it also gives you an insight about the products & services that you need to focus on.
Trademark watch to detect potential infringement
Trademark watch allows brands to keep an eye out for trademark infringement. This takes place both globally as well as within the regions they operate in. For all businesses, IP is a major asset that increases the value of their business. It also increases their market potential.
Hence, it is a common misconception that obtaining a trademark is your end goal. To realize a trademark’s full potential, you need to enforce a mark whenever a third party infringes your right. Thus, monitoring the marks regularly helps you to detect infringement at an early stage.
Trademark watch to track a brand in different countries
After establishing your brand successfully in different countries, you need to protect that brand by tracking it regularly. You may face challenges including threat of duplicates and other legal issues if you fail to do so. Therefore, you need to start monitoring your mark to track your brand in real-time and protect it.
Also Read: How to perform a Worldwide Trademark Search?
Conducting an exhaustive trademark availability search before filing for a trademark is always recommended to avoid infringing existing marks. A trademark watch, on the other hand, helps you monitor trademarks that might infringe your active mark.
Therefore, it is in the best interest of a business/individual to perform a trademark availability search before filing for a trademark. Moreover, one must monitor a mark post-grant to evaluate the associated risks and take necessary legal actions. Thus, TMReady’s Trademark Search and Monitoring service is specially designed to provide clients with various insights. They will need these insights before filing for trademarks and keep an eye out for an infringement. Click here to know more about this service and click here for a webinar on this subject.
– Gopal Singh Rawat (Trademark), Rahul Rana (InBound Sales) and the Editorial Team