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Do small businesses need to monitor their trademark?

Senior Trademark Attorney

Yes, though the scope of monitoring can be calibrated to the budget. At minimum, periodic searches of the trademark register in the jurisdictions and classes where the mark is registered is advisable for any registered trademark, regardless of business size.

For small businesses, the opposition window risk is the same as for large ones: a confusingly similar application can pass to registration unchallenged if the opposition period is missed. The cost of challenging a registered mark after the fact is significantly higher than filing a timely opposition. Even a basic manual monitoring routine; monthly searches of the relevant register; provides meaningful protection at no cost beyond the time involved.

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