Why monitoring trademarks is important

Owing a trademark grants you the exclusive right to use that mark in the course of trade for all goods and services covered by the mark. Moreover, you may, in principle, bar any third party from using the same or a similar mark for identical or similar goods and services in the geographical region in which your trademark is protected. Of course, this includes the right to prevent others from registering the sign as a trademark themselves.

However, there is one problem remaining: how to become aware of a third party trying to register such trademark?

Establishing a trademark monitoring system will do the trick - and that is what most big players on the market do as well. Monitoring your trademark, you will be notified of every new application of a trademark similar to or identical with yours and seeking protection for the same or similar goods, thus giving you all the information you need to decide how to proceed. Of course, we will filter the information in advance and contact you only in cases where we deem an action should be taken to safeguard your trademark rights, thus preventing you from being flooded with unnecessary information.

And there is a second advantage of monitoring your trademarks:

Trademark monitoring will enable you to make your decisions at an early stage.

Of course, simply monitoring the market you will also become aware of a third party´s trademark infringing your prior rights. But this will take some time and you will have to rely on costly and time consuming court proceedings to stop the other side, whereas you may decide to file an opposition against a third party´s trademark, if only you know early enough such trademark exists!

The opposition is an additional way to bar a younger trademark from being registered / to delete a registered trademark from the register. Opposition proceedings are possible in most jurisdictions worldwide and, as a rule, they are faster and less expensive than court proceedings, as the decisions will be made by the trademark offices and courts will only be involved at later stages, if any. But in most jurisdictions an opposition is possible within a few weeks or within some months from the publication of the younger sign only - thus, if an opposition shall be filed, time is of the essence and monitoring your trademark will let you have all the information you need early enough.

Finally, trademark monitoring is not expensive, especially when taking into account its above advantages - and it can be cancelled at any time without further costs. Curious? Then please refer to our fee overview or contact us for additional information!

Liesegang & Partner mbB, Rechtsanwälte