Trade Mark Most Asked Questions

Trade mark monitoring involves tracking other trade mark applications and market activities to prevent infringement. This ongoing practice ensures that you are aware of potential infringements and can take timely action to protect your brand.

You can monitor trade marks by regularly checking databases and scanning for similar filings. Alternatively, you can use a third-party trade mark monitoring service, like what National Business Register provides,  that provides detailed reports on similar or identical trade marks filed in selected jurisdictions.  We will then act as your agent in any potential infringement matters and we can raise objections on your behalf in a timely manner.

Yes, monitoring your trade mark is essential to protect against infringement. Regular monitoring helps you identify and address potential conflicts, maintaining your exclusive rights to the mark.

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While you can monitor trade marks yourself, using a professional service can save time and provide more consistent and comprehensive results. These services offer tailored reports and ensure you don’t miss any opposition windows.  If you are monitoring your marks yourself you need to remember to monitor in all jurisdictions you’re interested in.  You may have a French trade mark, so you’d need to monitor the France IPO as well as the EU’s since both French and EU marks can infringe upon yours.

The frequency of monitoring depends on the opposition window in your jurisdiction. Generally, monthly monitoring is recommended to ensure timely detection of potential infringements.

A trade mark monitoring service will provide alerts when potentially conflicting trade marks are filed, allowing you to take action within the opposition window. At National Business Register, we will act as your agent and undertake the opposition work on your behalf if you wish us to do so.  The IPO is under no obligation to notify you of similar application filings.

The cost of trade mark monitoring varies based on factors such as subscription type, report frequency, scope of monitoring, and additional services like takedowns.  The service we offer at National Business Register starts from £150 per year.

The best time to start monitoring your trade mark is as soon as your file your application. This ensures you are aware of any similar applications filed subsequently and can take appropriate action.

Upon discovering infringement, the monitoring service will notify you. You can then review the report and decide on the appropriate action, such as filing an opposition, requesting a takedown, or sending a cease and desist letter.

Whether takedowns are included depends on the provider. It’s important to inquire about enforcement options when selecting a monitoring service to ensure you can address any infringements effectively.

Trade mark watch services use various methods such as grammatical and syntax analysis, phonetic matching, and image recognition to identify similar trade marks. They also consider the classes of goods and services associated with the trade marks.

A trade mark watch report typically includes information on identified similar marks, such as the name or image, country of registration, trade mark classes, and relevant dates. This helps you determine whether the mark could be confusingly similar to yours.

You may not need to monitor your trade mark globally, but it’s important to cover key markets where you are commercially active. Consider monitoring countries where you have registered trade marks or significant business interests.

When selecting a trade mark monitoring provider, consider factors such as report frequency, geographical coverage, scope of monitoring, and enforcement options. Ensure the provider meets your specific needs for comprehensive brand protection.

Yes, trade mark monitoring services typically search for both identical and similar logos. They evaluate entries based on various criteria to identify potential conflicts and notify you accordingly.