Trademark monitoring for disputed trademark registrations and keyword monitoring for unauthorized use of brand rights online are two types of trademark watching that can help brand owners secure their rights. We explain why these services are crucial and how they operate.
Trademark owners are continuously trying to protect their important rights. On the one hand, a third party may try to establish a brand name that is confusingly similar to some other company’s registered trademarks for similar products and services. On the other hand, the online market for illicit goods is huge and increasing. Fortunately, specialized services and software are available to warn trademark owners about possibly conflicting use in each of these channels and to assist them in taking appropriate action.
Trademark monitoring
Trademark monitoring is essential for active trademark management. You will have enough opportunity to challenge new applications for possibly conflicting trademarks if you are immediately notified of new applications.
Having the appropriate enforcement tools is a smart place to start. To reduce the burden on internal teams, methods that make monitoring and enforcement simpler as well as identifying threats should be used. Automation of monitoring and enforcement procedures improves efficiency, enhances the capacity to handle larger amounts of data, and improves response time.
The competent trademark office will notify you if a disputed trademark application is published if you have an active trademark monitoring service in place (s). The applicant can be written to and urged to revoke the application as a first step (and stop using the mark). The next step is to file a formal opposition with the appropriate trademark agency, claiming that the challenged mark is identical or confusingly similar to your prior rights.
Although public hearings can be requested in some jurisdictions, the objection procedure in most regions is wholly administrative and conducted solely in writing. In this regard, filing a trademark opposition is distinct from and far less expensive than filing a trademark infringement lawsuit in a national court.
Online trademark violation
Online trademark protection services are comparable to trademark monitor in that they inform you to trademark use on the internet rather than possibly conflicting filings to national trademark registration systems. Unauthorized use of your trademarks and brand names across the internet (including apps and social media sites) as well as fraudulent market goods sold without your permission will be detected by such services.
Did you know that using another company’s trademark in the headline or meta description of a sponsored advertisement on Google without a solid reason could be considered trademark infringement? For example, if your ad copy implies that you have a commercial relationship with the other company, you may be accused of trying to ‘ride on the coattails’ of their goodwill.
A strong brand will not only aid you in meeting your sales and marketing objectives. The appropriate brand can also help you improve your position, improve your reputation, and even represent a certain way of life. Obtaining the necessary trademark registration is the first step in any efficient trademark and brand protection strategy.
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