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Monitoring trademark applications by your competitors (trademark watching)

When you register a trademark, you acquire an exclusive right that allows you to prohibit third parties from using an identical or similar mark for identical or similar goods or services.

For the trademark you have acquired to be legally valid and enforceable – and thus retain its value – you should not only use the mark, but also protect it from dilution by third parties.

In most of the countries, for instance in Germany and many other European countries, trademark offices do not check if the registration of a newly applied trademark would conflict with prior registered trademarks. Therefore, it is the own responsibility of the proprietors of registered trademarks to make sure that competitors do not apply for trademarks that are identical or confusingly similar to their own trademark. Taking note of a newly applied trademark that conflicts with your own trademark gives you the chance to oppose against the registration of the newly applied trademark.

Having the chance of taking note of newly applied trademarks, that potentially conflict with your own trademark, requires monitoring the publications of the official trademark registers continuously, and there are different options with respect to the territorial extent of such monitoring. Particularly, we offer continuous monitoring options not only for Germany and the European Union, respectively, but also for the European Union plus neighbouring countries as well as the option for an almost complete worldwide monitoring.

Our trademark watching service includes a relevance check performed by an attorney. Thus, we inform you about newly applied trademarks only in cases, where there is a real potential for conflict.

Interested? Contact us!