Trademark Monitoring
Protect your registered trademark against imitation
Take timely action against those trying to obtain a similar trademark.
What are the risks of a trademark similar to yours?
- reduces the power of your brand
- damages the reputation of your brand (e.g. by poor quality products sold under an interchangeable name)
- helps others to take advantage of your brand
- jeopardizes your rights to enforce protection, e.g. when intervening against counterfeiters
Such trademark applications can be defended against, but only if you get aware of them in time.
Several thousands of trademark applications are filed every week within the EU alone. The problem is that nobody monitors whether they pose a risk to your already registered trademarks.
How to defend against registration of a conflicting trademark?
Anyone has the possibility to prevent or limit registration of a trademark, either by contacting the applicant, or officially, by filing an opposition.
In case you find out that someone is trying to obtain a trademark similar to the one you got registered, the optimal procedure is the following:
- Contact the applicant of the trademark and inform them about your registered trademark. Also, add a request to limit the scope of their trademark (e.g. for products and services that do not interfere with yours) or to withdraw the application.
- File an opposition against registration of a trademark.
How to monitor whether someone is trying to obtain a similar trademark?
Monitoring consists mainly of checking trademark databases and registers on regular basis as well as searching for new applications that are similar or interchangable with your registered trademark.
The main aim is to prevent registration of a conflicting trademark by being aware of it ahead of time, providing you with enough time for intervention.
Monitoring the trademarks frequently enough allows for a timely reaction to any potential conflicts. Monitoring output is a list of trademark applications, which could be considered similar to yours and present a risk.
How often should the monitoring be carried out?
The purpose of monitoring is to detect applications that could endanger yours. And it is easiest to take action against them during the so-called opposition period.
This is the period during which anyone can file an opposition to the registration of a trademark application, and the relevant office must take it into account. Based on the opposition, the applicant may not register the trademark for some products and services, or not register it at all, or – if the opposition is poorly prepared – register the trademark in the required range.
Therefore, you should monitor at least 1x per opposition period.
The period for filing an opposition varies in particular states. In the EU, it is 3 months, in the US only 30 days. After the expiry of the opposition period, it is more difficult to achieve cancellation of a trademark. It is thus important to find conflicting applications before they are registered.
Most IPOs do not pay attention to conflicting applications, it is up to you as the rights owner to monitor them.
Did you find a conflicting trademark application during monitoring?
If you find out that someone is trying to obtain a trademark for a similar sign to the one you have registered, the optimal course of action is the following:
- Contact the applicant of the trademark and inform them about your registered trademark. Also, add a request to limit the scope of their trademark (e.g. for products and services that do not interfere with yours) or to withdraw the application.
- File an opposition against registration of a trademark.
More on disputes and rights enforcement
How much is the monitoring of 1 trademark?
Czech Republic
from CZK 300 / month with annual payment
European Union
from CZK 550 / month with annual payment
Other states
depending on specific states and trademarks
Do you want an overview of potentially conflicting trademark applications?
Leave it up to us.
We will need to see your trademark and the list of products and services you use it for.
How does our cooperation work?
Scheduling a call / a meeting
At the initial consultation, we agree on the monitoring strategy and select the territories to be monitored.
Cost estimate
Based on the provided information and the chosen territory, we prepare an estimate and send it to you for approval.
Setting the monitoring
We use software tools to monitor trademark applications in the selected territory regularly, so that it identifies almost every variation of the monitored sign (including phonetic, visual and semantic form).
Providing an overview via email
We send you an overview of potentially conflicting trademarks on regular basis. We discuss the options for further action for highly conflicting trademarks.
