Trademark Watching is a utility through which the Trademark Watch Professional watches registered a trademark to ensure that no one else is infringing the trademark. Trademark Watch Professional will identify same or similar trademark, that might infringe its authenticity. This work can even be sometimes carried out by the trademark owners. Otherwise, If in case of infringement, the trademark legal owner holds every right to submit a legal brief to try to convince the trademark examiner that there is a conflict between your trademark and the newly filed trademark. The benefits of registering for a trademark is no less to be taken advantage off, but at the same time, it is monitoring at frequent intervals is also a well-stated requirement. A Trademark Watch Professional will ensure proper registration, safeguarding, and monitoring of your marks.
Almost every aspirant company holds one trademark for its brand name, product or its service. Most companies already appreciate registering corporate brands as trademarks in the countries and regions of their trade, manufacture, and transport. Once your trademark is registered, it is your responsibility to keep your trademarks safe and away from infringement. For this, most of the big corporates hire Trademark Watch Professional that could manage their pre-existing trademark registration and block any new applications.
Trademark Watch Professional: Classification for Trademark Forms
The following are the three possible forms of trademark watching through which trademark conflicts can be identified:
- Identical trademark watch: It identifies marks that are visually or phonetically identical.
- Similar trademark watch: It identifies identical and confusingly similar marks.
- Trademark watch with opinion: It includes identification of marks which are identical or similar on the basis of opinion given by an attorney after considering prior rights and the likely impact on a business and its market share.
Benefits of Early Trademark Infringement Detection by Trademark Watch Professional
The early detection simply means detection of trademark infringement in a possibly short time period, maybe one or two months of its attempted registration time. However, filing a case as soon as an infringement is detected or before 2 months of the attempted registration time, is a good practice. If this deadline is missed, it will still be possible to challenge the trademark registration; however, it will be more costly and difficult to do so.
Early detection makes it easier for companies to enforce their trademark rights, particularly where a third party wants to register a potentially conflicting trademark. In this case, brand owners with prior rights need to adhere to strict deadlines for submitting objections (or oppositions) to challenge such registrations. Also, for recognition and building a favorable market, evidence of misuse must be potentially identified when acting against such infringements.
Effective Watch Strategy
Trademark Watching has always been a proactive monitoring tool that identifies and act against infringement and misuse of trademarks in a timely manner. However, to make it pitch-perfect, the following things must be taken into account:
- The size and reach of the brand owner’s portfolio
- Countries or markets where a company is expanding successfully.
- Relevant competitors from across the globe that produces similar goods, or services.
- Potential competitors or startups must be identified, prioritize, and searched upon on this basis.
- Cover all relevant trademark registers to identify applications for identical and similar trademarks.
- Take help from a professional that could even incorporate wider internet monitoring skills.
Incorporating help from trademark watch professional will allow you to address more time and concern towards the core aspects of your trademark.
Trademark Infringement Encounter
Once a trademark infringement is found, the accused can:
- Send a Letter of Protest to the USPTO, asking that the trademark examiner refuse the application based on your earlier trademark rights, only if you receive notice about the application right after it is filed.
- Contact the owner and try to negotiate a resolution through a signed agreement to restrict the limit of market activities.
- File an extension of the opposition period at the trademark office.
- File a formal Notice of Opposition at the trademark office to stop the application from proceeding to registration.
Trademark Watch Professional: Its Indispensability
Principal Register contains over 4 million trademark entries from which there are 45 classes of goods and services in a number of languages. So, performing watching services to that extent that all sorts of trademark infringement can be caught within a given time is not easy for any non-professional. Therefore, hiring a watch professional would be a better option so that he/she could conduct proper searches. After all, a trademark watch service is one of the cheapest and easiest ways to protect your intellectual property, and investment of such cost can easily be made to protect your trademark.
We at, The Trademark Search Company, tailor the trademark watching/ monitoring/ searching services according to the flexibility of our clients according to in terms of their business needs, such as monitor only for identical marks, or also for similar marks, etc. We provide services through our best-in-class Trademark Search Professionals, with just one click. To know more about our services or extended articles about trademark monitoring, please contact us.