A trade mark watch can help registered trade mark owners to monitor the IP Australia trade mark database to determine if somebody else files for a similar trade mark. A trade mark watch can also help brand owners identify potential infringers and prevent dilution to ensure the continued strength of registered trade marks. A trade mark watch can be customised and configured to business needs and preferences.
ADVANTAGES OF TRADE MARK WATCH SERVICE
There are various advantages of Trade mark watch services. These include:
• to protect trade mark rights against unauthorised use;
• to assist trade mark owners ensure that no third party is using the mark;
• to protect trade marks being copied or used without permission in other countries; and
• enabling trade mark owners to take a proactive approach to prevent any potential infringement.
WHAT ACTION CAN BE TAKEN IF A SIMILAR TRADE MARK IS FOUND
If you find a similar trade mark, the first step is to urgently gather information on the trade mark and the owner of the trade mark. While gathering the information, the exiting trade mark owner should ensure they identify the other business, understand how they are using the trade mark and collect any evidence of confusion amongst customers.
You should also seek legal advice from a an expert IP attorney such as the team from IP Guardian who can help you understand your rights and what action you can take.
HOW OFTEN YOU CAN MONITOR?
IP Guardian offers a comprehensive watch service of the Australian and New Zealand trade mark registers. We can assist in trade mark watch services and would be happy to work out the best requirements for your business. The process may include:
• a weekly or monthly search of the relevant register, comparing your trade mark to newly filed applications in the same or similar classes;
• regular watches to ensure any new applications filed by a potential applicant for e.g.: competitor;
• watching a third party’s applications for acceptance, with a view to commencing opposition proceedings if required.
IP Guardian has a team of intellectual property experts who can assist with Trademark Watch Services. If you require assistance, you can contact our team on + 61 2 9071 0130 or mail@ipguardian.law and our friendly staff will ensure that you are directed to the professional expert to assist you with your matter.
Book a Consultation With a Trade Mark Attorney
