Trademark watch services, mark monitoring

The registration of a trademark grants its holder a unique monopoly on the use of a particular brand. Claiming protection is the first step; maintaining it is the next crucial aspect of trademark management. A successful product launch often attracts imitators seeking to capitalize on its success. It is important to remember that trademark authorities are passive and do not monitor the registry to check for duplicate trademarks—that responsibility lies with the proprietor. This means another company can file a virtually identical trademark, and the original proprietor must take action to maintain its monopoly and prevent market share or revenue loss.

A trademark watch involves three key aspects: the trademarks themselves, the products or services for which they are registered, and the country where both trademarks are registered. Our lawyers evaluate similar brands, assess whether the other party is using the trademark for the same products or services, and determine which party holds the oldest rights in that country. Based on this analysis, we provide guidance on the necessary steps to take. A trademark watch allows early detection of similar trademark applications, and in many cases, early contact with the other party can prevent a complicated and expensive legal dispute.

If a similar mark is detected, the first step is to send a formal request to the other party, asking them to withdraw their application. If they do not comply, there are typically two options:

1. Filing an opposition – A formal procedure with the trademark authorities to block the registration.
2. Legal action – Initiating proceedings before a competent court to prevent the other party from using the trademark.

Failing to act is unwise, as it can weaken and dilute your trademark’s strength in the market.