The USPTO principles for trademark registration ensures intensive screening of every trademark, for which Trademark Watching Service is desirable. In certain instances, an application might bear some near resemblances to previously applied applications which in turn will lead to rejection of the application. This can be avoided if the applicant is able to produce a legal brief explaining the exclusiveness of the application and that there is no conflict between the applied trademark and previous trademark. The approval or refusal of the trademark depends upon the sole decision of the examiner. However, there might be situations where a conflicting mark might be approved unknowingly or by the examiner’s mistake. Hence, Trademark Watch Service is an important aspect post registration of the mark.
Why don’t Trademark Examiners catch every conflicting mark?
Let us have a look at two situations to have a better understanding of the matter. We are considering applications from two probable companies that can compete with our trademark.
| Situation A | Situation B |
| A competitor company applying for a near similar trademark that is the mark applied for is almost similar to the mark already registered. | A non-competitor company applies for a similar sort of mark but the product manufactured is different from that of your company. |
For both the above-mentioned situations, the examiner may proceed with trademark application although there are possibilities of conflict. The trademark examiner is not responsible for reporting possible. So, if an applicant is keeping an eye on the trademark database he can file an opposition to prevent the conflict of marks. If the applicant is unable to do so, he can take help of companies (The Trademark Watch Company) which provide trademark watching service.
Now to answer the above question. While a trademark examiner conducts searches through the Principal Register of USPTO he has to do extensive screening from over a huge number of existing trademarks. There are over 45 classes of goods and services of trademarks in several languages. Still, a trademark examiner has to use his judgment while scrutinizing the applications for probable conflicts. While doing so he might miss out something due to wrong classifications of a trademark or there can be an error of judgment. In this case, a conflicting mark may get registered. It is to be understood that the role of a trademark examiner is to protect existing trademark registrations. If a new trademark applicant puts a judicious argument then the examiner would definitely protect the rights of the new applicant over others assertively.
Also Read: How to Perform a TESS (Database) Trademark Search?
How to protect your registered mark with Trademark Watching Service?
The answer to the above question is to keep a vigil over the trademark database by the applicant himself. If the applicant is unable to do so by himself, he should take the help of an efficient trademark monitoring company who will search such probable conflicting applications and take action accordingly.
At TMReady, we ensure the safety of your valuable brand from potential trademark infringement by budget-friendly yet explicit trademark watching/ monitoring services. Covering over 92+ countries our expert team works meticulously to protect your brand from trivial legal compliance. Also, we do provide trademark search, international trademark search services. you an find our samples by making a little inquiry.
To know more about how we work, please visit our service page,
