What is the trademark watch service ?
The trademark watch service allows trademark owners or applicants to be alerted when similar or identical trademarks to theirs are being filed.
After ordering a watch service, the owner of a trademark will be notified when similar or identical trademarks to theirs are published in one of the jurisdictions and classes the service has been subscribed for.
If the owner determines that the published trademark may cause conflict with theirs, they will be able to present opposition actions against the application, aiming to prevent its registration.
The importance of a Trademark Watch
There are several reasons why a Trademark Watch subscription is important:
- In many countries, the trademark authority does not check to see if a new application conflicts with older trademark applications or registrations. It is up to the owners of an older trademark to watch for publications of conflicting new applications and object within a set time-frame if appropriate. If you do not file an objection against infringing marks in a timely manner, you might lose the right to do so at all;
- If third parties obtain registration of an identical or similar mark to yours, for similar goods or services, you may have difficulty in preventing them from selling competing goods or services under that mark;
- In countries where the trademark authority does carry out an examination search for existing applications and registrations, it sometimes happens that applications proceed to publication despite the existence of earlier rights. The watch should detect such applications;
- In many countries, the right to a trademark is primarily given by registration rather than by being the first user. Thus, if you are using a mark in a country without registration for the relevant goods or services, a registration for that mark by a third party may block you from continuing to use the mark in that country. A watch should alert you if such a situation arises;
- Early detection of trademark infringement is important if you wish to meet the deadlines associated with submitting oppositions or objections to make sure that a possible conflicting mark will not get registered. In most countries, the period to file an opposition is two to three months. Without a trademark watch, it’s almost impossible to keep track of all new published trademarks worldwide and be aware of all deadlines.
If you wish to file an opposition or send a letter to the applicant of a conflicting mark, our attorneys are here to help you every step of the way.
Let us help you to continually protect your trademark