Trademark owners are responsible for enforcing their own trademark rights, including the monitoring of others' use of marks that are similar to their own.
As a trademark owner it is up to you to track potentially infringing use at trademark offices like the United States Patent and Trademark Office (USPTO) and unregistered use in the marketplace. MarkSmart can assist you with both of these responsibilities.
I. Opposing The Registration of Infringing Trademark Applications
Trademark offices, like the USPTO, are only responsible for reviewing trademark applications and registering marks. When the USPTO reviews other trademark applications, they may approve a mark that you believe is similar to your own.
Monitoring new trademark applications filed by third parties gives you an opportunity to dispute the registration of their mark. However, there are only brief periods of time, usually 30 days, in which you can formally file an Opposition to a mark registering. If you are not reviewing new applications on a weekly basis, you will not have time to act.
II. Finding Unregistered Use in the Marketplace Early
Anyone may purchase a domain name that includes all or part of your trademark for just a few dollars.
Frequently, people purchase domain names as a first step to starting a business, before they incorporate, spend money on product or service development, or formally file a trademark application.
By actively monitoring new domain name registrations that include your trademarks, you can become aware of potential infringers early.
Enforcement actions you take before a third party invests a lot of time, effort, and money into a brand similar to your own are more likely to be successful and cost less for you to pursue.
III. What MarkSmart Monitoring Includes
- Attorney review of new trademark applications that look similar and sound similar to your monitored trademark, performed every week.
- Receive updates when we find relevant results and discuss with an attorney your options for enforcement for no extra cost.
Protect your brand with MarkSmart monitoring for $79 per mark per year. Visit this page to get started and learn more.