How is an Approval of Trademark Carried Out?
Whenever you apply for trademark approval, the attorneys in the office will check the entire database to confirm if similar trademarks are available or not. In case any similarity is found, then it may result in the rejection of the application. The new applicant needs to re-apply with something new.
A trademark watch service provides the applicant with the ability for filing an opposition in case someone is found copying or misusing the trademark in any way or the other. The respective person will be able to put a hold on a similar mark by simply sending the third party a cease and desist letter to notify them.
Having access to the service will also help in reducing the amount of time and money you spend in opposing the registration of that particular trademark.
What Results in Trademark Dilution?
Trademark monitoring is a vital activity to prevent unnecessary copying of the names of brands. As a business owner, it is your earnest duty to monitor your trademark regularly. Failing to do so may result in the weakening of the same with time. The situation of your trademark becoming weak is referred to as dilution.
Trademark dilution refers to the situation when someone else makes use of your trademark. Similarity to your trademark symbol may result in the loosening of the grace of your trademark. It may even result in the loss of business as customers will stop taking your service due to a high level of confusion.
Due to high competition in the market, some of your worthy opponents may imitate your trademark. If you constantly keep a check on the trademark, then there are chances that you will be in a favorable position to prevent such mishaps. Else, you will be prone to making your brand generalized.
This situation is referred to as dilution. Many brands have lost their importance due to dilution. If you do not want to come across such an unfavorable situation, then you should keep a high check on your trademark at regular intervals.
Why Enforce Trademark Registration?
Legally, it is demandable for the trademark owners to have a thorough check on the marketplace and the register of the trademark office. Failing to do so may result in narrowing their rights for trademark registration in the future. Trademarks play a vital part played in any business.
This is the only thing that helps a business to become a hot favorite in the eyes of the customers. The moment you suspect that any of your competitors are using a trademark that is almost similar to yours, do not think twice about filing a petition. A little bit of delay may result in a high level of failure.
It will become very difficult to come out of the situation of trademark dilution. Finally, all your efforts in taking the business ahead will go in vain. Continuous vigilance is advisable to ensure a high level of safety for your trademark.
How Will You be able to Monitor Your Marketplace?
Monitoring the marketplace regularly, especially by trademark owners is very important. If you are also a trademark owner, then do not set back on carrying out the same activity. Wondering how to do it? In this digital age, almost every activity has become easy to carry on.
Below are some best ways through which you will be able to monitor the marketplace to prevent imitating the trademark:
- Going through various search engines
- Checking the World Wide Web for websites that contain the reference to your trademark
- Making generous use of the Google Alerts feature
- Checking the social media platforms
These are some exclusive ways of monitoring your marketplace to confirm the misuse of your trademark.
What are the Next Actions to Protect the Trademark?
There are additional details about the trademark watch. It is all about the course of actions that you are supposed to take in the future to protect your trademark from getting misused by any third party. Those steps include the following:
- Giving notice of potential opposition –
Sending a legal notice of potential opposition is the first step that will help in protecting the trademark. The moment you come across a similar trademark application that is filed by any other person, then sending a legal notice to the applicant may help.
It will warn him about the potential opposition of the trademark followed by demanding the person to withdraw the application that is resulting in conflicts. It will also help in avoiding legal action of infringement that is required for passing off the trademark.
- Providing notice of opposition to trademark –
The notice of opposition to the trademark is another step. It is passed whenever you come across a trademark application that is deceptively similar to the registered mark that has been accepted by the registry.
Getting the same advertised in the trademark journal may result in conflicts. Submission of a notice of opposition to the trademark will help.
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