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Trademark watching: preventing infringement and misuse

Trademark registration is only the first step in the effective use of a chosen brand, company or product name. In order to ensure that your valuable marks are protected and enforced, you will also need to monitor them for unauthorised and potentially damaging use. Trademark watching services are an important tool in the proactive monitoring of registered marks and devices, helping you to identify and act against infringement and misuse of your trademark in a timely manner.

This is a basic introduction to the trademark watching process. For details on Novagraaf’s specific trademark services, including searching, registration, international filing, anti-counterfeiting and enforcement support, click here for our services overview page. To contact one of our trademark attorneys or to review their expertise in your sector, click here.

Early detection is important

The early detection of trademark infringement or misuse is an essential part of any trademark protection strategy, but it is a particular necessity if you are to meet the deadlines associated with submitting objections (or oppositions) to an attempted registration by a third party of a conflicting trademark. In general, such oppositions need to be filed within two months of the attempted registration of a potentially conflicting trademark.

Novagraaf’s trademark watching service monitors and assesses all new trademark registrations at the relevant national and international trademark registers to identify potential conflicts with your trademarks. We will also work with you to create, submit and substantiate oppositions where necessary.

Which trademark watch should you use?

Novagraaf’s trademark watching service examines all relevant trademark registers to identify identical and similar trademarks to your chosen mark. Where required, it may be accompanied by appropriate advice from our consultants. The watch can be tailored to meet your specific business needs but, in general, will fall into one of the following categories:

  • Identical trademark watch: Identifies marks or devices (e.g. logos) that are visually or phonetically identical;
  • Similar trademark watch: Identifies identical and confusingly similar marks;
  • Trademark watch with opinion: Includes the attorney's recommendation on the results of the identical or similar trademark watch based on their consideration of your prior rights and the likely impact on your business and market share.

Trademark watching: further information

You can find out more about trademarks and the processes for obtaining, enforcing and exploiting trademark rights, here. For information on Novagraaf’s additional trademark services, including searching, registration, international filing, anti-counterfeiting and enforcement support, click here for our services overview page. Alternatively, contact our customer support team, using the contact form at the top of this page.