What is Trademark Monitoring? Activities, Infringements, and Legal Support
Trademark monitoring is the process of surveying platforms such as databases, domains, and marketplaces to see if there are any trademarks which could create conflict with your registered trademark.
This should be an ongoing process to identify any violations of your trademark and empower you to take action to stop them so you can strengthen your market position.
Read the rest of this article to explore what’s involved in the trademark monitoring process and when to consult a lawyer for help with it.
What are Common Trademark Monitoring Activities?
Trademark monitoring includes activities such as the following:
- Spotting new trademark applications that contain logos or other elements that are too similar to your trademark.
- Finding pending registrations that could clash with your brand.
- Locating unregistered uses that can harm your business.
- Noticing online abuse, such as misuse of your trademark on social media.
Who Conducts Trademark Monitoring?
There are services you can use to help you with monitoring your trademark. They will scan databases and then alert you of any potential conflicts. You can also work with a law firm or trademark professional who will provide trademark monitoring services and investigations.
What Should You Do if You Discover a Trademark Infringement?
If there’s a violation of your trademark, there are some important steps to follow to deal with it promptly.
Gather Evidence of the Infringement
You should collect documents or other proof that show the unauthorized use of the trademark. For example, this can include screenshots of how your trademark is being used online without your permission.
Send a Cease and Desist Letter
If you know who the infringing party is, you can send them an official letter that tells them you’re aware of the violation they’re committing and want them to stop. For example, you could file a complaint with a social media platform to remove an account that’s using your trademark without your permission.
You can ask a lawyer on an online legal platform to draft this letter for you. This is advisable if you don’t have legal experience as they will ensure the letter is clear, legally valid, and enforceable.
Negotiate a Settlement
To avoid costly and time-consuming litigation, you could find a way to settle the issue. Again, a lawyer can help you with this. They will discuss the situation with the other party and find a way to negotiate, such as allowing the use of the trademark for a specific time or under specific conditions.
Whatever is agreed on between parties should be put down in writing to prevent further violations or confusion in future. If you have negotiated a settlement, you should ask a lawyer to draft or review it.
How to Request a Document Review from a Legal Professional
Whether you’re drafting a cease and desist letter or you’ve got a settlement negotiation in writing, you can request a professional lawyer to look over the document to ensure it’s transparent, legal, and enforceable.
All you have to do is post a request on ContractsCounsel, one of the largest online legal marketplaces where clients connect with vetted lawyers on the platform. Here are the steps to follow:
1. Go to the ContractsCounsel marketplace and post your project for free.
2. Receive multiple bids from trademark lawyers directly on the platform who can assist you.
3. Once you receive the lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.
4. Hire a lawyer who is best suited to your requirements.
What are Common Mistakes to Avoid in Trademark Monitoring?
To protect your brand and trademark, you should avoid common mistakes companies make, such as the following:
- Not monitoring consistently. It’s not enough to monitor once, such as before filing a trademark application, and then never doing it again. This could result in violations or other conflicts that you can’t take action against because you’re unaware of them.
- Searching for exact matches. While identical trademarks are a glaring example of an infringement, there are more subtle ones that can create confusion among consumers, such as trademarks that sound the same even though they don’t have visual sameness.
- Not monitoring related classes. You might think monitoring trademarks in your specific goods or services class is enough, but trademark infringement can occur across other classifications.
- Doing basic trademark searches yourself. Professional searches are more comprehensive and will protect your intellectual property (IP).
How Can a Lawyer Help You with Trademark Monitoring?
Hiring a trademark lawyer can help you in various ways when it comes to monitoring your trademark. Here is what they’ll do.
- Establish monitoring systems. They’ll use tools to track trademark applications and registrations, as well as online activity you might miss.
- Identify risks. Without a legal background, you might not understand the implications of terms such as “likelihood of confusion” or others. A lawyer will unpack all legal or dense language to protect your trademark.
- Take legal action. If there is conflict or an infringement, a trademark lawyer can file oppositions and send cease and desist letters.
- Coordinate global protection measures. A lawyer can ensure that trademark protection is enforced across jurisdictions so you aren’t vulnerable in different regions.
- Understand different types of infringement. Not all types of infringement require legal action. A lawyer will help you assess what needs to be dealt with and what can be ignored without compromising your brand integrity.
- Draft or review documents. These include cease and desist letters. A lawyer ensures that they’re legally valid and enforceable.
Where Can You Find a Lawyer for Help with Trademark Monitoring?
If you need to hire a lawyer for help with trademark monitoring, you can hire a professional, vetted trademark lawyer on ContractsCounsel. Lawyers on the platform are experienced in assisting clients with trademark applications and monitoring, so they’re well positioned to help you navigate the process with ease.
