Trademark monitoring: How to recognize copycats
Applying for and registering a trademark is only the first step in securing the protection of a trademark. Without continuous monitoring, new trademark applications or use by third parties can quickly lead to serious conflicts or the loss of enforceability of the trademark right. Trademark monitoring is therefore an key element of trademark management. This article explains what it is and why it is so important.
What is trademark monitoring?
Trademark monitoring, also known as collision monitoring, serves to protect registered trademarks from potential infringements. It involves the regular checking of trademark registers to determine whether newly applied for or registered trademarks are identical or similar to existing property rights. This is crucial as trademark owners are responsible for enforcing their rights themselves.
Without monitoring, conflicts can go unnoticed, which could jeopardize the value and exclusivity of the trademark. In the worst-case scenario, there is even a risk of the unenforceability of one's own trademarks if use by third parties is tolerated over a longer period of time. Professional trademark monitoring helps to react to infringements in good time, for example through oppositions or warnings, and thus ensures the long-term protection and uniqueness of your own trademark.
Why is trademark monitoring necessary?
Trademark monitoring is necessary to effectively secure the scope of protection of your trademark. After registration, trademarks are published in the official registers. Without targeted monitoring, however, it remains unnoticed whether new applications or registrations infringe your rights. Modern monitoring systems, often based on AI tools, search the registers for identical or similar trademarks that could encroach on the scope of protection of your trademark.
If a potential conflicting trademark is detected at an early stage, this enables rapid intervention. In particular, opposition proceedings can often be initiated against the new third-party trademark within the statutory time limits. This is generally more cost-effective and efficient than later, non-time-limited proceedings such as nullity or cancellation proceedings.
Without professional trademark monitoring, trademark owners risk not noticing conflicts until economic damage has already been incurred. Monitoring therefore not only protects your rights, but also secures the exclusivity and value of your trademark in the long term.
Trademark monitoring: procedure and organization
Trademark monitoring is carried out systematically and individually tailored to the trademark and its scope of protection. It comprises the following steps, among others:
- Definition of the scope of monitoring: First, the relevant areas of protection are determined. This includes the geographical areas (national, EU-wide, international) as well as the substantive areas of conflict defined by the classes of goods and services to be monitored.
- Use of monitoring tools: With the help of specialized software and AI-supported tools, trademark registers are regularly checked for identical or similar registrations. Attention is paid to visual, phonetic and conceptual similarities in order to identify potential conflicts at an early stage.
- Regular checks: Monitoring is continuous as new trademark applications are published regularly.
- Conflict detection and assessment: If a potentially conflicting trademark is detected, trademark experts check whether there is an infringement of the scope of protection.
- Report and recommendation for action: The trademark owner is informed of any conflicts found. If necessary, a recommendation is made to initiate opposition proceedings or to examine further legal steps.
Professional trademark monitoring protects your trademark from infringement and secures the monopoly position of your brand presence in the long term.
What does trademark monitoring involve?
Effective trademark monitoring is individually adapted to the scope of protection and the specific requirements of your trademark. Various aspects of the monitoring options are taken into account:
- Identity monitoring: checking whether an identical trademark is being applied for.
- Similarity monitoring: monitoring of trademarks that are visually, phonetically or conceptually similar.
- Regional monitoring: depending on the scope of protection of your trademark, national, EU-wide or international registers can be monitored.
- Sector-specific monitoring: monitoring of certain classes of goods or services that are relevant to your business operations.
You do not have to choose from a single one of these criteria. The scope of trademark monitoring usually results from a combination of different aspects, for example national identity monitoring in a certain class of goods combined with similarity monitoring in another class. We would be happy to advise you on this in a personal consultation!
What happens if a trademark conflict is detected?
If another trademark collides with your trademark, there are various legal steps you can take, depending on the time of discovery and the circumstances. In the case of trademark applications - or registrations - that infringe your scope of protection, opposition is the first measure. However, this procedure, a cost-effective and efficient official procedure, can only be initiated within a certain period after publication of the trademark.
However, the time limits and when they begin to run can differ:
- Germany: Here, the trademark is first registered and then published. An opposition can be filed within three months of publication.
- EU: The application is published first. This is followed by an opposition period before the trademark is finally registered.
Trademark monitoring helps to identify such imitations at an early stage so that you can file an opposition or take other legal action in good time. The monitoring report and the recommendation for action will also provide you with information on the relevant deadlines.
If the opposition period has expired and/or the trademark is already being used commercially (intensively), further extrajudicial and judicial steps are also available:
- Warning letter: An out-of-court request to cease the infringing use. The infringer is informed of the property rights and obliged to cease and desist. Damages are often also demanded.
- Legal action: If the warning letter is unsuccessful, trademark owners can file a lawsuit to enforce an injunction, damages or the deletion of the infringing trademark.
You can also find more information on this in our corresponding article on trademark infringement.
Professional trademark monitoring by a trademark lawyer
A trademark lawyer offers comprehensive support to ensure the long-term protection of your trademark. Trademark monitoring involves much more than just the regular checking of trademark registers. An experienced and specialized trademark attorney uses modern technologies and AI-powered tools to analyze national, European and international registers to identify potential conflicts at an early stage.
Not only identical trademarks are taken into account, but also those that are visually, phonetically or conceptually similar. This detailed work requires legal expertise in order to assess whether a new application or registration actually encroaches on the scope of protection of your trademark.
Clients also benefit from individual advice from the trademark attorney. In the event of a conflict, the law firm develops tailor-made strategies, be it for opposition proceedings, a warning letter or, if necessary, a lawsuit.
By working with a specialized law firm, your trademark not only remains legally protected, but your entire trademark strategy is adapted and optimized to current circumstances. We will be happy to support you!
Conclusion
Trademark monitoring is important for every trademark owner. It not only protects against possible infringements, but also helps to secure the exclusivity of your trademark in the long term. An early response to potential conflicts avoids costly proceedings and preserves the value of your trademark.