On the current market, the number of trademarks is increasing annually, so it’s critical not only to come up with a distinctive name or logo but also to ensure that you are the only one using it. You may believe that this is the end of your work once you have successfully registered your distinctive name or logo as a trademark. However, I can assure you that this is only the beginning. One thing is to register your trademark; another is to stop others from trying to register a trademark that is the same as yours or similar to it.
A trademark that has been registered does not in and of itself prevent other people from using or submitting trademark applications for identical or similar marks. As the owner of the trademark, it is your responsibility to ensure that no other business uses a similar mark to enter the market. One of the conspicuous brand name workplaces, EUIPO, doesn’t look at brand name applications by actually looking at current comparable brand names.
As a result, it’s critical to keep an eye on which trademarks have been submitted for registration. If you keep an eye on your trademark, you might be able to spot potential infringers or trademarks that are similar to yours in time to file an opposition during the opposition period, which lasts for a few months after the application date.
Consider the possibility that I don’t screen brand names, if you only register your trademark and don’t keep an eye on other trademarks, someone else might start using a trademark that is similar to yours or even the same as yours and build goodwill with it in relation to their business. If you, as of now, might want to start a lawful cycle against the utilization and enlistment it will be a troublesome and costly interaction with no assurance to succeed. In the worst-case scenario, you might have to live with this trademark on the market, which could lower the value of your trademark.
How can I keep tabs on trademarks?
We provide worldwide trademark monitoring and notify you whenever a similar trademark is filed for registration. When you use our trademark watch service, we will only send you relevant results that we believe are important enough to take action on.
When I discover a trademark that is similar to my own, what should I do?
contacting a watch service for trademarks. They determine whether or not the similar trademark is confusingly similar to yours. They file an opposition with the trademark authority to stop the registration once they discover confusion similarity. An opposition may result in an amicable resolution between the parties, such as a coexistence agreement in which your interests are protected to avoid confusion similarity, or it may result in the filing of arguments through the trademark authority in a formal legal process for the judge to decide.
The most important takeaways
- As the owner of a trademark, you are responsible for ensuring that you have the exclusive right to it.
- Monitor your trademark to quickly identify potential infringements or determine whether similar trademarks have been registered.
- If you register your trademark but do not monitor it, you run the risk of someone else using a similar or even identical trademark. After that, if you want to start a legal process, it can be difficult, expensive, and there are no guarantees that it will be successful.