Trade Mark Watch

A Trademark is an intangible asset for the business. Registration of a Trademark, though not compulsory, provides immense benefits in creating customer-brand relations as well as increases the brand value. 

Acquiring trademark registration is a very basic step in enjoying the benefits of brand value. If a person has acquired trademark registration, there still exists a high risk of trademark infringement or misuse by third parties. Therefore, the registered trademark owner must keep a watch on other trademarks, to identify the risk of infringement, and to gather evidence for taking legal action against such subsequent and unauthorized trademarks. Any person aggrieved with the publication of any subsequently adopted or used and applied trademark in the Trademarks Journal has the right to file a Notice of Opposition within four months of such publication. In case, a third-party trademark has already been registered, the aggrieved person still gets a chance to remove such registered trademark by way of filing a Rectification Application.

Trademark Watch can be conducted online as well as offline. Though very few countries have opted for online watch. It can be conducted at regional, national as well as international levels.

TYPES OF TRADE MARK WATCH

• IDENTICAL TRADE MARK WATCH: In such a case, the mark of the third party is identical to the registered trade mark. For example: A company owns the registered trademark "TechStar" for electronics. If a third party starts using the exact name "TechStar" for similar electronics, this would be an identical trademark issue, as the two marks are identical and could confuse customers with regard to the origin.

• SIMILAR TRADE MARK WATCH: In such a case, the mark of the third party is not identical but is deceptively similar to the registered trademark. For example, a company owns the registered trademark "QuickWash" for washing machines. If another company starts using "KwikWash" for the same type of product, this would be a similar trademark issue. The marks are not identical but are deceptively similar taking into consideration existing phonetical and visual similarities, which could mislead the customers.

However, it is recommended to conduct the watch with the opinion of the Trademark Attorney which would be on the basis of the above two types of watches. An Attorney’s recommendation will be thorough taking into consideration all the legal aspects to protect the trademark. 

SIGNIFICANCE OF TRADEMARK WATCH

• Trademark watch helps proprietors track trademarks and file for timely oppositions/rectifications in case of violation of the trademark.
• Effective trademark watch helps not only avoid trademark infringement but also helps in sustaining the goodwill of the business in the market.
• Detects possible infringement of trademark at the early stage which helps the trademark proprietor in gathering the evidence while acting against the infringer.

CONCLUSION

Trade Mark Watch is a process of protecting the Registered Trademark by conducting a detailed monitoring or search by keeping the trademark out of harm’s way.  It helps individuals or companies to take timely actions against infringement and passing off.