How Does a Trademark Watch Service Work and Why Should You Use it?
Process of Trademark Watch
A trademark examiner examines your application when you apply to register a trademark. Your application will be refused if it conflicts with trademarks already registered or applications filed before yours. You can submit a legal brief to convince the trademark examiner that there is no conflict between your trademark and the preexisting trademark. Your application goes forward if you convince the examiner. Your application goes abandoned if you don't.
You may think that once your trademark is registered, you are protected. Because trademark examiners will see your pre-existing registration and block any new applications, no one can register a conflicting trademark. It assumes, however, that your judgment matches the judgment of the trademark examiners assigned to examine new applications.
Conflicting trademarks aren't always caught by trademark examiners:
The problem is as follows and the best solution would be to opt for a Trademark Watch Service Provider!
Let's say you have a trademark registration. Your trademark is somewhat similar to one applied for by another company (possibly a competitor). An unrelated company (not a competitor) applies for a trademark that is identical to yours, but for products in a different market.
There is no conflict in the trademark examiner's opinion. The new trademark application is allowed to proceed. You would have been very concerned if you had known about this new application, either because the trademark is similar to yours, or because the trademark and products are similar to yours.
Trademark examiners do not inform other trademark owners of possible conflicts and in comes the service offered by a Trademark Watch Service Provider.
Watch Services Give You the Option to Oppose:
You can reduce the risk of new trademark applications by monitoring the trademark database yourself. You can analyze a new trademark that concerns you and decide whether to take action.
A number of companies offer a service that monitors new trademark applications. All trademark filings in virtually every industrialized country are sent to them by the government. In the event that any of the filings match your trademark, you will receive an email with the details.