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Why should you monitor your trademarks?

Founder & Trademark Attorney

A registered trademark is an exclusive right to use your trademark in commerce. It is not a guarantee. While infringement can occur without the owner's knowledge, it is the owner's responsibility to discover and act on it. A trademark that is never enforced gradually loses its deterrent effect and may, in some jurisdictions, be considered abandoned or diluted.

The most pressing reason for monitoring is new trademark applications. A confusingly similar application can be opposed during the publication period; the window is short (typically two to three months), and missing it may be irreversible. Without active monitoring, it is easy to miss an application until it has already been registered.

Related questions

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Trademarks filed in bad faith: the case of Tesco vs Lidl

Bad Faith trademark filings worldwide have increased significantly over the past years. And while the problem persists, the trademark lawyers still struggle to define consistent minimum acceptable standards for dealing with bad faith trademark applications. Resolution of the ongoing dispute between Lidl and Tesco could have significant implications for future rulings concerning bad faith trademark registrations.

When should I register my trademark?

Timing is everything, and this is especially true when it comes to trademark registration. Choosing to trademark your brand at the right time is much more important than you would think.