Watching as an instrument to detect infringement

Your Intellectual Property is very valuable to your organisation. To secure your market position, it is wise to officially register your trademarks. But to optimally protect your trademark rights, trademark registration alone is not enough. Active watching of your trademarks is an essential building block of your strategy.

Different forms of watching

Novagraaf has a unique system that makes it possible to compare brand names and logos, both nationally and internationally. This analysis also provides insight into which new trademarks conflict with your trademarks.

Novagraaf has two types of trademark watching services:

• With the first type, you will obtain an overview of all new, conflicting trademarks. You can decide for yourself whether you want to object to such new registrations. If you wish to object, Novagraaf can of course assist you.
• Using the second service, Novagraaf will perform the analysis for you and determine the extent to which there is trademark infringement. Novagraaf will, for example, advise you on the likely success of any objection (opposition).

Unique risk inventory

Novagraaf has a department that is entirely dedicated to watching. This department uses the latest technologies to detect the use and possible misuse of your trademark or trademarks. All trademarks that are registered and that may conflict are analysed. Based on a unique risk inventory, your Novagraaf consultant will be able to inform you about potentially conflicting trademarks. We take care of the watching of your trademark(s), leaving you to concentrate on what you do best: building your business.

What happens if infringement occurs?

When conflicting trademarks are found, you will have the option of commencing the ‘opposition’ procedure. If successful, this will effectively prevent the registration of a trademark that closely resembles your own. The opposition procedure is subject to a number of rules: for example, there must be a threat of confusion in your marketplace. In addition, any opposition must be formally submitted within the prescribed period. But, to be able to oppose within this period, you need to be informed of the conflicting registration in good time. Where a conflict occurs, using the opposition procedure is generally the best option for any business, as it is easily accessible, is much less expensive than formal court proceedings and offers the possibility of an amicable settlement.

TMwebscan: a state-of-the-art instrument to detect infringement

Besides its department entirely dedicated to watching, Novagraaf has also developed a technology to detect trademark infringement on the internet: TMwebscan. TMwebscan is a state-of-the-art tool that allows you to identify unauthorised use of your brand name or logo online. This includes not only trademark infringement, but also the option of following social media websites, enabling you to monitor everything that is being said about your brand.

Would you like to know more about trademark watching?

If you would like to know more about trademark watching, please feel free to contact one of our consultants. You can also talk to Novagraaf if you want to know more about oppositions or about TMwebscan. Please use the contact form at the top right of this page.

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