Trademark Watch Services
Trademark Watch Services
Trademark Examiners always Do not Catch Every Conflicting Trademark
Assuming you already have a trademark Registration and another company ( could be your competitor) applies for a trademark that is identical or confusingly similar to yours.
The trademark examiner may sometimes miss out on the conflict between your registered mark and the newly applied competitors trademark . He lets the new trademark application proceed. But if you had known about this new application, you would have been very concerned, either because the trademark is similar to yours, or the trademark and the products are similar to yours.
Usually the trademark examiner does not report possible conflicts to the owners of other registered trademarks. So there is a watch on the trademark database for possible conflicts, you have the chance to oppose applications filed by other companies. If you are not watching the trademark database, then a well-intentioned trademark examiner might allow other trademarks to register, which you consider to be a real problem.
And once a trademark is registered, it is much harder to cancel. The better approach is to oppose it before it becomes registered, based on your legal rights as the owner of a pre-existing trademark registration.
A Watch Service Gives You the Option to Oppose
We provide watch service to monitor new trademark applications. We go through the government data and official gazette publications on all the trademark filings in virtually every industrialized country. If any of the filings match your trademark, we shall send you an email with the details.
With this information, you can decide what to do. Your options include:
1. Filing an opposition to stop the progress of the trademark application and file supporting documents to get the opponents application cancelled. This is like a law suit to stop the application from getting registered.
2. Contact the owner and try to negotiate a resolution (ask them to sign an agreement to limit their market activities or to withdraw their application based on a threatened opposition.)
3. File an extension of the opposition period at the trademark office, so that you have more time to negotiate with the owner of the new application.