Trade mark watching services are an efficient way for trade mark owners to monitor the actions of competitors. Trade mark watching services may also help to identify potential infringers, and ensure the continued strength of registered trade marks.
Attention to your trade mark should not stop once you receive a Certificate of Registration
Trade mark owners are responsible for monitoring misuse of – and potential confusion with – their registered brands. It’s also important to avoid ‘dilution’ of the trade marks Register. Dilution occurs when brands that are similar to an existing trade mark are also granted registration. Allowing dilution may affect a brand owner’s ability to enforce existing registrations, or successfully register a brand refresh.
You can keep an eye on competitors and avoid potential dilution of the Register by instructing us to commence a trade mark watching service. We can search the Trade Marks Registers for later-filed marks similar to your existing registrations.
A regular watch may enable you to act quickly against any infringing use of your trade mark. A regular watch service may also provide an opportunity to put new applicants on notice of your existing rights in a trade mark, before any confusion arises in the marketplace.
Michael Buck IP offers comprehensive watch services of the Australian and New Zealand Trade Marks Registers. We can tailor our trade mark watching services to suit your needs. The watch service may include:
1. A weekly or monthly search of the relevant Register, comparing your trade mark to newly filed applications in the same or similar classes;
2. Regular watches to ascertain any new applications filed by a particular applicant, e.g. a known competitor; or
3. Watching a third party’s application for acceptance, with a view to commencing opposition proceedings.
We can report results of searches as they occur, or limit reports to include only results which are most relevant to you. We can also provide watching services on a broader worldwide basis.
If you would like to commence a trade mark watching service in Australia, New Zealand or internationally, please contact one of our Attorneys to discuss the best watch strategy for you: g[email protected] or [email protected].