How to protect your trade mark post registration

It is a common misconception that you are fully covered once you have registered your trade mark however, the registration process is just one of the steps that a business needs to take to ensure their brand is fully protected.

Once your trade mark is registered, another business or individual can still proceed with applying for a mark that is either identical or highly similar to that of yours. The registration of the potentially infringing mark can be prevented by way of an opposition however, in order to proceed with filing an opposition its registration would first need to be detected. One of the most effective ways of detecting any potentially infringing marks is by using a trade mark watch service.

A trade mark watch service is a trade mark monitoring system that will look out for marks that are highly similar or the same to your registered mark. Generally, a trade mark watch service will give you the following information:

  1. When a new application is filed;
  2. When a new application is published;
  3. Which class of goods and services the application is filed under; and
  4. The type of mark that is applied for (word and/or).

Carrying out a continuous watch service on your trade mark could be of fundamental importance to your business as trade mark examiners do not always see the conflict between applications which could mean an identical mark to that of yours is registered without your knowledge. Note that it is arguably harder to cancel a trade mark that is already registered in comparison to opposing one during its registration process – it is always better to catch any potential conflict sooner than later!

You can either carry out a trade mark watch service independently or better yet, have the experts here at Lawdit do this for you.

Lawdit offers a trade mark service which will keep you informed of applicants attempting to register highly similar or identical trademarks to your watched marks in a number of jurisdictions. With this information, it is then down to you to decide whether you feel they are similar enough to warrant any action (usually in the form of opposition or negotiation). Doing so will not only save you time, but potential costs in the long run too.

If you have any questions relating to our trade mark watch service, contact Lawdit today.

 

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