Monitoring & Enforcement

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Trademark Monitoring

Giulia Della Nina

As a trademark owner, monitoring registrations is an essential part of protecting your brand from any existing or future competing trademark registration.

Although most trademark authorities search their database of registered and pending marks as part of the registration process, some can still approve a mark that you believe is confusingly similar and may harm your own trademark. Therefore, it is important that you continuously monitor your trademark in order to oppose the registration of confusingly similar marks in a timely matter to avoid any impact on your business.

In addition, as guidelines can change from country to country, constantly monitoring your trademarks can quickly become an overwhelming task, especially when you own several trademarks in different countries. This is why our expert team has designed a trademark monitoring programme that allows you to take care of your business, while we take care of your trademarks.

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 unauthorised registration and use of your mark, the easier the situation is to resolve.

Trademark monitoring helps you find and address cases of unauthorised 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 programme covers more than 180 registries worldwide and provides easy-to-understand reports with a 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.

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cease and desist letter (including two follow-ups) for the purpose of having the infringing trademark application withdrawn or restricted voluntarily.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 solution focuses on monitoring new companies’ 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 and provide you strong trademark protection.