Trademark Monitoring
Quick Summary: After you receive your Trademark Registration, you should be on the lookout for others who are using your mark. Failure to police your mark and take action to stop infringers could result in the loss of your trademark rights.
Who is Responsible for Monitoring My Trademark Rights?
Who is Responsible for Monitoring My Trademark Rights?
In short, you are. While the trademark examiner is supposed to refuse registration for any mark that is “confusingly similar” to an existing mark, examiners are human, and they make mistakes sometimes. Also, you might find a proposed mark objectionable based on factors known only to you — such as plans to expand to a new line of business — and the issuance of that mark may make it hard for you to use your existing mark later. Whatever the reason, if you have concerns about other marks, it’s your job to monitor the Trademark Official Gazette and make sure that you don’t miss an opportunity to object to a conflicting mark.
If I Miss the Deadline to Object to a Conflicting Mark, Does That Mean I Can’t Challenge it Ever?
If I Miss the Deadline to Object to a Conflicting Mark, Does That Mean I Can’t Challenge it Ever?
No, it will just be more expensive. You can apply to have a confusingly similar mark cancelled, but it’s going to be more expensive and complicated than if you had objected earlier, because the alleged infringer will be even more entrenched in their use of the trademark, and is likely to expend more resources defending their mark. But there are a number of grounds upon which you can file a cancellation action.
Bottom Line: If you find a mark that you think conflicts with your trademark rights, consult a trademark attorney for an opinion on whether the other party’s use infringes. Don’t put your trademark rights at risk by sitting on your rights. Call trademark attorney Angela Langlotz today for sound advice on trademark monitoring. We offer comprehensive monitoring services to protect your rights.
Don't lose your trademark rights because you didn't find out someone else was using your mark. Monitor your mark for infringers.
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