Trademark owners have a responsibility to monitor the marketplace and trademark office records for potentially conflicting marks. By watching for uses of the same and similar marks, an owner can then enforce rights to the mark and thereby protect the reputation and goodwill associated with the mark.
To properly enforce a trademark, regular searches should be conducted to ensure that a competitor is not using the same or similar trademark or attempting to register such a trademark. An investment of the resources for trademark monitoring and enforcement can be worthwhile to protect rights to the trademark and the investment already made in registering the trademark, expending funds to build a brand around the trademark, and to maintain consumer trust. If the trademark is not monitored and enforced, then rights to the trademark can be lost through dilution.
A trademark watch service can assist trademark owners with monitoring filings at trademark offices and public use of potentially conflicting marks. Such services can provide notifications to trademark owners when a comparable trademark is filed or appears in commerce, such as via the internet. Once a conflicting mark is identified, action can be taken to oppose registration of the mark at a trademark office, or to send a cease and desist letter to the other party.
Information about the Firm
Olive Law Group, PLLC is an intellectual property law firm that represents its clients with respect to patent, trademark, copyright, and trade secret matters. We are focused on how intellectual property and technology can be used to help obtain our clients' business objectives.
The content of this website is for informational purposes only. It does not constitute legal advice. The transmission and/or receipt of this information does not constitute an attorney-client relationship with the recipient. Readers of the website or of any linked websites should not act upon any information in them without first obtaining professional counsel on the subject matter.