Trademarks, like every other type of valuable property, must be safeguarded to protect them from theft.   Keeping a vigilant watch and taking quick action when issues arise is the best, and often the cheapest way, to police your trademark rights.  We offer several watch services on a subscription basis to our clients.

Our application watch service monitors all new applications for trademark registration filed with  the U.S. Patent and Trademark Office.  An alert is triggered if someone files an application seeking registration of a mark similar to the mark being watched.  Many applications for registration are filed on an intent-to–use basis.  Sending a cease and desist letter before infringing use of a mark has begun often produces a prompt, low cost and acceptable resolution of a trademark dispute.  It is typically easier for someone to switch to another mark, rather than fight, when use of the mark has not yet commenced.

Our publication watch service monitors all marks published for opposition by the U.S. Patent and Trademark Office.  An alert is triggered when a mark similar to the mark being watched is published for opposition. This allows a client to consider whether to oppose an application and to file the necessary papers to do so during the thirty (30) day opposition period following publication.

Our competitive watch service monitors the trademark applications filed by identified competitors of a client who subscribes to the service.  An alert is triggered whenever the identified competitor files a new application to register a trademark with the U.S. Patent and Trademark Office.  The alert not only identifies the mark which is the subject of the application, but also the goods and services the applicant plans to sell using the mark.  Such alerts provide important competitive information about new products a competitor plans to introduce.

Each of the fifty states and American territories such as Puerto Rico and Guam have their own trademark registration process separate and apart from that offered by the federal government through the U.S. Patent and Trademark Office.  Use of trademarks is often localized, at least initially, and expands to other geographic areas over time.  Monitoring state and territory filings helps identify local use of trademarks that may be of concern.  We offer watch services that monitor all such filings or the filings in specific states or territories of interest.

The world is becoming a smaller place and competition routinely extends beyond geographic boundaries.  Yet trademark rights are territorial in that they are afforded by the laws and procedures of each individual country.  We offer watch services that monitor trademark filings throughout the world, in selected regions of the world, and in selected countries.  These watch services trigger an alert if a mark similar to the mark being watched is the subject of any application filed in any selected country for the same class or classes of goods and services.  Likewise, we can provide worldwide identical screening searches to see if others have registered or are seeking to register a client’s mark in some distant land.

Not every potential infringer tries to register the trademarks they use.  Therefore, we also offer watch services that monitor domain name registrations, assumed name registrations, business filings, e-commerce websites such as Amazon.com, the Internet more generally and other common law resources looking to see whether someone else is using a mark that potentially infringes a mark owned by our client.

We recognize the needs of our clients differ.  We also recognize that the needs of a specific client may be different as they relate to the various trademarks the client owns.  The watch services we offer are designed to be tailored to meet the needs of a specific client with respect to a specific mark.  Such watch services are surprisingly inexpensive in many cases.

Please call us if you are interested in developing a trademark monitoring strategy which meets your specific needs.