Trademark Watch Service, Monitoring and Policing

POLICING YOUR TRADEMARK – WITH USPTO REGISTRATION COMES GREAT RESPONSIBILITY

While the USPTO may grant you a Federal trademark registration and cite your mark as a bar to registration of a subsequently filed trademark application for a similar mark, you still need to pro-actively police your mark for infringement.

First, the USPTO may believe that the subsequently filed mark does not create a likelihood of confusion with your mark or the USPTO may miss your mark when conducting its likelihood of confusion search.

Second, the USPTO does not search common law or non-pending or registered USPTO marks. The USPTO only bases its determination on prior applications or registrations on the USPTO trademark database. Consequently, U.S. Trademark Law requires a trademark owner to pro-actively police its mark with the USPTO and in the marketplace. Failure to police one’s mark may eventually lead to loss of trademark rights.

TRADEMARK MONITORING SERVICE

In order to provide a low-cost yet effective method of trademark monitoring and policing, we provide a Trademark Monitoring Service to ensure that you properly maintain your trademark rights.

Four Easy Steps:

1. Please complete our Trademark Services Order Form and pay the fixed legal fee of $495 per year.
2. We will monitor the USPTO Trademark Official Gazette for all published trademark identical or confusingly similar to your mark.
3. We will monitor your use of your trademark to ensure you are properly using your mark.
4. We will provide timely e-mail reports of any published mark that may present an issue to your mark.