Trademark Watch Service

What is Trademark Watch or Monitoring?

The owner of a registered Trademark gets the ultimate rights of usage of the mark and gets the legal rights to take actions against those who unscrupulously use the same, identical or similar or closely similar or to deceive the customers.

Obtaining the Registration Certificate is the first step of protecting the Trademark.

Trademark Registration Certificate is the conclusive evidence of ownership of a trademark in the name of the trademark owner.

However, registration of a particular trademark does not protect that a similar or closely similar trademark will not be registered by anyone later. 

Registrar of Trademarks will follow the guidelines to match similar or closely similar trademark while processing the subsequent trademark applications. However,  there are all chances that the Registrar of Trademark may register a similar trademark without the knowledge of a registered trademark. So it is important for the Registered Trademark owner to be aware about the applications that are filed and accepted by the register and have to be vigilant about the possible conflicts of his mark.

In order to ensure the strict protection of a registered trademark, the owner has to keep watching the trademark applications filed and accepted and advertised by the trademark registry. 

So, it is very important to keep a watch on the trademark mark registry to check if anyone is trying to get a similar mark in the same area where your mark is registered.

What is Trademark Watch Report?

Trademark Watch report refers to a periodical summary of results of trademark watch that may have a resemblance to your mark. The report will contain the details of applications filed and applications accepted and advertised by the Trademark registry that are similar or deceptively similar to the registered trademark including word meanings, phonetic similarities, visual resemblances. Based on the report, you can decide necessary actions to protect the registered trademark.

What are the next Actions to be taken to protect the Trademark?

1. Notice of Potential Opposition of Trademark

If you find a similar or deceptively similar trademark application is filed by another person, you can send a legal notice to the applicant of a conflicting trademark to warn him about the potential opposition of trademark and to demand the applicant to withdraw the conflicting application to avoid the opposition process and to avoid legal action of infringement for passing off the trademark. 

2. Notice of Opposition of Trademark

If you find a trademark application similar or deceptively similar to the registered mark is accepted by the Trademark Registry and is advertised in the trademark journal, you have to submit a Notice of Trademark Opposition to the Registrar opposing the registration of the conflicting trademark.