Monitoring & Enforcement

Trademark Monitoring

Giulia Della Nina

Trademark monitoring is important because it warns you when you may need to oppose competing trademark registrations.

As a trademark owner, you have the right to object to any new trademark applications that you believe may harm your trademark. Although some trademark authorities will search their database of registered and pending marks as part of the registration process, but this is not the case for all registers including for example, the EU-trademark register. In addition, even authorities that search for prior rights can still approve a mark that you believe is confusingly similar to your own. Therefore, it is important that you continuously monitor your trademark in order to oppose the registration of confusingly similar marks in a timely matter.

Trademark monitoring program

The fact is that trademark authorities do not monitor or enforce your registration – it is up to you, and often the sooner you can address an unauthorized registration and use of your mark, the easier the situation is to resolve.

The more time and money a potential infringer has invested in using a mark, the more likely it is to fight a claim for infringement. Trademark monitoring helps you find and address cases of unauthorized use or registration sooner rather than later. As an added bonus, the fact that you strongly enforce your mark can also be used as evidence of the strength of your mark in future infringement disputes.

Handled by seasoned trademark attorneys, our trademark monitoring program covers more than 180 registries worldwide and provide easy to understand reports with clear indication of our assessment of a possible conflict. We keep you ahead of the game with the least amount of time spent on your part.

Enforce your rights

In case of an infringement we will advise you on what actions to take to get the best result to protect your brand. When recommending a course of actions, we first investigate the applicable process that can be used for the particular trademark application as each country uses different rules, which of course affects our recommendations.

The most common actions are:
 

  • Cease & desist letter (C&D letters)
    A tailored cease and desist letter (including two follow-ups) for the purpose of having the infringing trademark application withdrawn or restricted voluntarily. If unsuccessful, we may use this letter as evidence in a legal procedure.
     
  • Opposition before the EUIPO
    If the negotiations for a voluntary withdrawal or restriction are unsuccessful, we can file an official opposition to EUIPO.
     
  • Opposition before national register
    Most countries allow for the filing of administrative opposition for a given period of time. Costs and requirements vary considerably, so contact us for more information.

Trademark historical report

Our Global Trademark Monitoring Service focuses on monitoring new registrations while the historical report provides you with the current listing of all existing trademark registrations that match your search criteria. All results are reviewed by our expert team.

© 2020 BRANDIT. All Rights Reserved. Privacy Notice & Terms and Conditions