What is Trademark Monitoring?

Trademark monitoring is a unique kind of service where we keep an eye over your trademark and identify the potential and current infringers on your behalf. Monitoring can be done for specific period as well as indefinitely depending upon the trademark owner’s requirement. Irrespective of whether your mark is registered or not, our diligent trademark experts persistently monitor the market risks and inform you about the existence of any trademark infringement that is happening or may happen in the future. Thus enabling you to take preventive measures before the problem snowballs into a legal dispute.

THREE STEP MONITORING

  • Share your trademark details
  • Make payment
  • Start monitoring

Our Products

USA TM Monitor

Monitor your mark throughout the US territory and watch out for similar trademark filings with the USPTO and for unregistered trademarks operating within the US territory.

USA TM Monitor:

£25

EU TM Monitor

Monitor your mark at European Union for all 28 countries in one go and get periodic results from our experienced Trademark experts.

EU TM Monitor:

£30

Indian TM Monitor

Monitor your mark within the Indian Territory at lucrative prices and get periodic updates.

Indian TM Monitor:

£15

Trademark Monitoring Service

What all you get?
  • Regular search reports
  • Continuous Monitoring of National databases
  • Continuous Monitoring of Social media and internet databases
  • Infringement Alerts
  • Legal Counseling by our Trademark Experts
  • Plan execution

FAQs on Trademark Monitoring

What is the procedure for conducting trademark monitoring?

Trademark monitoring is a tedious process and consumes a lot of time. Every country has a trademark registry which contains records of trademark applications which are registered, pending before it which are normally called Trademark Journals. Every week on a certain day, the respective registry publishes trademark journal online. You can download the Journal from a particular website and compare new published mark with your already registered mark.

What is trademark monitoring?

Trademark monitoring is search conducted on database to find a confusingly similar mark which is applied for registration. The purpose is to file timely third party objections and take appropriate action against the infringers. Trademark registration is only the first step in the effective use of the chosen brand, company or a product name, but to protect rights in a mark, you need to “police” the mark, otherwise you risk of losing your rights.

Isn’t trademark monitoring the duty of government trademark office?

Trademark registry is only responsible for accessing application and registering the mark when it reviews a trademark application. But once a trademark is registered it is the duty of the registrant to keep an eye on all new marks which are before the registry for registration to check similarity of mark. It is a process of identifying infringement or misuse of your duly registered trademark.

Is it a common law search (random internet search) or a proper data base search?

Ideally, trademark monitoring is done on the relevant trademark database of a particular nation, but it can be done on an international level also. Common law search- a random search on Google and social media sites is not adequate to decide whether a mark is similar to your mark or services, as there are chances that those marks which are before registry might not be in use and thus, no information regarding the same can be found over the internet.

At what stage of a trademark proceeding it is to be done?

As trademark monitoring is done to keep an eye on the new, confusingly similar mark pending registration, it is done after your mark gets registered. Any search done during the process of a trademark registration is not trademark monitoring. Thus, it is done after you complete your trademark registration process.

How often are you required to conduct trademark monitoring?

There is no specific time period provided by the statute for conducting trademark monitoring, but it is advisable to detect the infringement and misuse as early as possible. The more time and money your competitor spends on an infringing trademark, the more difficult it would be to stop him from using your reputed trademark. Moreover, if you let the other person use your well-reputed trademark, you might be then estopped from getting certain remedies provided by the Act.

What are the benefits for conducting trademark monitoring?

Ignorance of a similar trademark for similar good/services can dilute your inherent distinctive trademark. By trademark monitoring you can protect the uniqueness of your trademark and stop others from using the mark. An opposition taken in timely manner can save your future time and money. If you don’t stop the other person from misusing the mark, consumers might associate the new mark with your registered mark, which may cause loss, harm to your business as well as reputation and goodwill.

What are the available options for you after you conduct trademark monitoring?

Once you have found out that there is a similar mark pending registration before the registry of trademarks, you can file an opposition before the relevant registry for cancellation of the mark or if the registrar has accepted and granted registration, you can request registrar to remove a mark wrongfully remaining on register and cancel the registration.

What is the time period for filing an opposition, if a mark is found similar to yours?

The relevant time period for filing an opposition proceeding may change from country to country, but normally it goes from 30 to 120 days from the date of mark’s publication in the Trademark Journal.

What is a difference between trademark monitoring and trademark search?

Trademark monitoring is conducted after the trademark has been registered to check whether any same/ similar mark is before the registrar for registration. While normally trademark search is done at the initial stage of the trademark registration to see whether there is already a similar mark registered or pending for registration for the same/ similar class of goods and services. The process for finding a same/ similar mark is identical in both the cases, but it depends on what stage of the trademark registration search is done. If search is done to check whether a mark is already registered or not i.e. in the initial period of the proceedings, it is called trademark search, while if it is done to check whether a confusingly similar mark is pending before the registrar, i.e after the registration is done, is called trademark monitoring.

Advantages of Trademark Monitoring

Know your Infringers

A stitch in time saves nine. Professional trademark monitoring would enable you get acquainted with the potential and existing trademark infringers who can harm your brand’s goodwill. Knowing your infringers and acting beforehand can save a lot of time and resources by avoiding unnecessary litigation. Monitoring also helps you to keep an eye over the new filings so that you can file third party oppositions after the marks are open for public opposition.

Act on Time

Once we have identified an infringer for you, we will also provide you with a stretigic plan of action that can be implemented to thwart a probable infringement. Proper trademark monitoring gives you an edge over your competitors and keeps your brand safe.

Get updates on Renewals and Maintenance

A trademark registration is not granted for eternity. Most of the Laws across the world require periodic renewals and maintenance documents post registration. The period for filing such maintenance documents varies across the jurisdictions and require constant monitoring. A registrant runs the risk of losing his trademark registration if the required documents or information is not timely furnished to the relevant trademark office.

Why you choose us?

Undaunted Passion for the Discipline

The basic source of our team’s strength and commitment lies in our dedication towards the discipline. Almost all of our team members exclusively have specialized in the field of Intellectual Property Rights and are passionate to deliver their best in terms of services.

Young Team of Professionals

Our team comprises of a group of skilled and young professionals who are capable of handling several tasks in an impeccable manner. Our young team of professionals specializes in the discipline of Intellectual Property Rights and has been delivering time bound results without compromising with the quality of the work. Our ambitions are driven by the idea of success which we believe rests in our client’s level of satisfaction with our work.

Global Network of Clients

Our client base has no geographical boundaries. For the last three years, we have been working with clients based in the regions like North America, South America, Australia, Europe and several South Asian Nations. Our global reach established via international networking in such a short period of time is purely a result of high level commitment towards our work and client satisfaction which we have garnered through the quality of our work.

Happy Clients

Professional, great communicators, great results. Would not hesitate to use firm’s services for trademark registration again. Thanks!

MATTHEW HODGE

Founder Star Pack, Australia

Great work as always for Trademark Search from Lex Protector.

DAVIDSON HEPBURN

MD Gold Tiger Holdings, FL, USA

Lex Protector helped us file several trademarks and copyright. They were easy to reach, always available and were quick to understand the legal requirements of our business. Recommended!

ERIC LOGAN

CEO VitaminBestBuy, NY, USA

Hired them for Patent filing and Trade Mark. They were great to work with. Will be using them again.

Cornelius John Vanderkolk

CEO, Scilent Action, USA

I was very happy with their work, they successfully had links removed under the DMCA Takedown processes on several websites, it was very cost effective and stress free way to protect our brand.

Riel Roussopoulos

CMO, IXLD Media Inc, Canada

Lex Protector made this very easy for me, they took care of everything in a very professional way. Top notch service!

Javier Benia O’Neill

Director, QB Media, Uruguay

Not the first time we have worked with LexProtector and we continue to be very satisfied with the quality of work and support. Knowledge on international law is exceptional, this vendor keeps on top of us to ensure they are able to deliver within set deadlines and expectations, will continue to work with.

Janie Lee Brown

Operations Manager, Morgan McKinley, UAE

Lex Protector have experienced and professional attorneys. I was privileged to work with them on some items and will certainly work with Aurobinda in the future. I have met with him in person when in India and found him to be just as professional in person as he is thru Emails.

Andrew Benson

President and CEO, DJAB Networks, USA

Professional, great communicators, great results. Would not hesitate to use Lex Protector’s Services again. Thanks!

Matthew Hodge

Co-Founder, Star Pack Products, Australia

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