Registeration authorities in a significant part of the world do not prevent other parties from registering trademarks, which are similar compared to your own trademark. Therefore, third parties are able to register by chance or by purpose even identical marks concerning the exactly same products and services as your own protected mark.
Such later registered similar marks cause confusion on the scope of the rights of the own mark and dilute the protection of the mark. If the situation is ongoing for a longer time period, it is practically impossible to reject registrations of similar marks. This leads to unclarity in the market on the protection of the own mark. By monitoring trademark registers we are able to detect applications concerning similar marks and prevent the registration of such marks. The registration can be prevented by contacting the counterpart or by filing oppositions to the registration authorities.
By monitoring trademark registers applications for similar products and services concerning similar marks filed with registration authorities are noticed. Before starting the surveillance, the products and services as well as the countries to be monitored are defined. Typically, such surveillance is determined by the protection of the own mark by considering the trademark classes and countries, in which the mark is protected.
The two-step monitoring process begins with a search by a computer based surveillance system for finding similar trademark applications. The system reports all new similar applications found on a daily basis. The next step is for out trademark expert to go through all applications found and evaluate, if there is reason to interfere with them. We report all relevant findings to our client and simultaneously we give recommendations, how to reject similar trademark applications.
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