Overview - Trademark Watch Service
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Trademark Registration Certificate
Obtaining the Registration Certificate is the first step of protecting the Trademark. Trademark Registration Certificate is the conclusive evidence of ownership of a trademark in the name of the trademark owner.
However, registration of a particular trademark does not protect that a similar or closely similar trademark will not be registered by anyone later.
Trademark Watch Service
The owner of a registered Trademark gets the ultimate rights of usage of the mark and gets the legal rights to take actions against those who unscrupulously use same, identical or similar or closely similar or to deceive the customers.
Registrar of Trademark will follow the guidelines to match similar or closely similar trademark while processing the subsequent trademark applications. However, there are all chances that the Registrar of Trademark may register a similar trademark without the knowledge of a registered trademark. So it is important for the Registered Trademark owner to be aware of the applications that are filed and accepted by the register and has to be vigilant about the possible conflicts of his mark.
In order to ensure the strict protection of a registered trademark, the owner has to keep watching the trademark applications filed and accepted and advertised by the trademark registry.
So, it is very important to keep a watch on the trademark mark registry to check anyone is trying to get a similar mark in the same area where your mark is registered.
Trademark Watch Report
We will provide a monthly report of Trademark Watch results that may have a resemblance to your mark. The report will contain the details of applications filed and applications accepted and advertised by the Trademark registry that are similar or deceptively similar to the registered trademark including word meanings, phonetic similarities, visual resemblances. Based on the report, you can decide necessary actions to protect the registered trademark.
Actions to be taken to protect the Trademark
1. Notice of Potential Opposition of Trademark
If you find a similar or deceptively similar trademark application is filed by another person, you can send a legal notice to the applicant of a conflicting trademark to warn him about the potential opposition of trademark and to demand the applicant to withdraw the conflicting application to avoid the opposition process and to avoid legal action of infringement for passing off the trademark.
2. Notice of Opposition of Trademark
If you find a trademark application similar or deceptively similar to the registered mark is accepted by the Trademark Registry and is advertised in the trademark journal, you have to submit a Notice of Trademark Opposition to the Registrar opposing the registration of the conflicting trademark.
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Trademark Watch & Monitoring Service - Requirements
Identify the registered trademark
Identify the trademark class/classes where the trademark watch is to be carried
Define the possible variations that are to be protected
Discuss with legal experts to set up the trademark search process.
Trademark Watch & Monitoring Service
Place Order for Trademark Watch service with CompaniesInn
Discussion with Trademark Experts
Define all possible variations that are to be monitored
Monthly Trademark Watch Reports
Decide Actions to be taken on Reports
Trademark Watch - Information Required and Process
- Registered Trademark Application Number
- Registered Trademark - Word Or Logo
- Defining Trademark Watch combinations or variations
- Review of Trademark Watch Report
- Plan of action to take steps when you find a conflicting mark
Trademark Opposition Process
Notice of Potential Opposition of Trademark
Issue Notice of Potential Opposition of Trademark to the applicant of a conflicting trademark to withdraw the application and to avoid the process of Opposition of Trademark
Notice of Opposition of Trademark
FIle Notice of Opposition of Trademark within 4 months of advertisement of a trademark application in the trademark Journal.
Notice of Infringement / Passing Off
Issue Notice of Infringement / Passing Off if you identify anyone is using the trademark unscrupulously and proceed to file a civil suit for recovery of damages for infringement and passing off.