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If I am protected by a trademark, why do I need a service for monitoring?

Senior Trademark Attorney

A trademark is the legal basis for enforcement, not the mechanism for detecting infringement. It defines your rights; monitoring tells you when those rights are being breached.

A useful comparison is insurance: a policy provides coverage, but it only pays out if a claim is made. You have to know the event occurred to make the claim. Similarly, a trademark gives you the right to act against infringers, but you have to find out about the infringement first.

For new trademark applications specifically, the opposition window is the most time-sensitive issue. Without monitoring, a similar mark can pass through examination, be published, and proceed to registration before you become aware of it. Once registered, opposing it is far more difficult than filing an opposition during the original publication period.

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