Should an entrepreneur monitor their trademark?

Photo of Tomas Orsula

Written by Tomas Orsula

Senior Trademark Attorney

Yes. The reason for registering a trademark in the first place is to secure exclusive rights; monitoring is how those rights are kept practically enforceable.

The most important risk for any trademark owner is a confusingly similar mark being filed and passing through the opposition period unnoticed. Once registered, that mark is far harder to challenge than it would have been during the opposition window. For an entrepreneur who has invested in building brand recognition, that is a real commercial risk, not a theoretical one.

The extent of monitoring; manual vs. automated, register-only vs. multi-channel; can be adjusted to budget and time availability. The minimum is consistent periodic searches of the relevant trademark register.

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