The exclusive rights you get from a registered trade mark are only as good as the steps you take to actively protect and enforce those rights.
One essential way to do this is to implement a ‘watch service’ – what I call your ‘trade marks radar’.
What’s a watch service?
A watch service is a service that monitors the official trade marks register. It looks out for new trade mark applications that closely resemble your existing registered marks.
Just like a radar, think of it as an early warning system.
Why every trade mark owner needs a watch service
Early detection of a conflicting trade mark gives you time to ‘warn off’ the applicant and / or ask the Trade Marks Office to revoke acceptance of the application. It also allows you to consider your legal position and whether you should oppose registration.
As well as policing against conflicting applications, you can use a watch service to gain market intelligence.
By setting up a watch service to monitor all trade marks your competitor is applying for, you’ll not only get advance warning of any marks that might conflict with your existing marks, you’ll also be keeping an eye on potential potential new products, brands or markets your competitor may be considering (e.g. the name of new products tends to creep onto the trade marks register well before their official launch).
Turn on your radar
It’s worth repeating:
A registered trade mark is only as good as the steps taken to protect it.
Without a watch service, you won’t know if a conflicting mark has been accepted for registration. And you’ll only find out when your brand is compromised.
Avoid nasty surprises and turn on your trade marks radar.
(Feel free to contact me to find out more about setting up a watch service.)
Tags: watch service
