What is a Trade Mark Watching Service?

Having taken the trouble to register your mark, you now need to ensure that your rights do not become diluted as a result of others also registering – and using – marks that are the same or similar.

Many Trade Marks Offices operate what is known as a “deposit” system – which means that marks will be registered regardless of the fact that there might be conflict with prior registrations. This does not mean that the later mark can be used (such use might infringe the earlier registration), but the onus is on the owner of the earlier rights to monitor what marks are being filed by others.

A Watching Service provides a way of spotting filings of potential concern. By placing your mark on a Watch List, you will be informed when anyone else files for a mark that is the same or similar to yours. In countries where an opposition procedure is available, it can then be possible to prevent the registration of the offending mark; and by raising objection, it might be possible to prevent use of marks that are the same or similar to yours. In this way the distinctiveness and value of your brand can be maintained.

How does it work?

We put your mark on a Watch List. The computer will then identify filings by others that are for marks that are the same or similar to yours. We filter out irrelevant filings (taking account of the relative similarity of the marks and goods/services of respective interest) and we notify you only of filings that are likely to be of concern. We will advise as to the appropriate course of action.

Your mark can be Watched for a specific country, for an area (say, the European Union or America) or worldwide. It can be Watched for a specific class of goods/services, or across the board.

Trade Mark Watching is not expensive. Please contact us to get a quote for your exact requirements.

We can also offer a free trial period. We will put your mark on a Watch List for a trial period of 6 months. If you maintain the service thereafter we will then invoice you. If not, no problem and no charge.

We advise that Trade Mark Watching is important, particularly in light of the recent changes in the way United Kingdom trade mark applications are examined and we recommend that all marks that are important to you are placed on a Watch List.

For further information about the recent change in UK practice, please click here or contact us to discuss your specific requirements.