Q. What is trademark monitoring?

The professional search agents at IPX analyze the trademark database each week for new published trademark applications that could be "confusingly similar" to your own. Trademark monitoring provides you with timely notice of any new, potentially harmful trademark applications as they become available. As a trademark owner, you have a right by law to object to any new applications that may, in your view, be harmful to your trademark.

Q. Why is trademark monitoring important?

When a trademark is granted that is identical or similar to yours it has the ability to harm your business. The competitive trademark can cause confusion among your customers as they try to distinguish your specific wares and services from those of your competitor. In each case, the search records available to the Trademark Examiner did not appear to reveal any "confusingly similar" trademarks.  Since the trademark owner was unaware of the application for the identical trademark, he did not have the opportunity to oppose the trademark’s registration. As a result, the Trademark Office allowed identical marks to be registered on the Principal Register.  By using trademark monitoring, you never have to be caught off guard again. Monitoring makes it possible for you to be aware of, and possibly prevent, a trademark application that has the potential to conflict with, and be harmful to, your business.

Q. How can I use trademark monitoring to oppose a new trademark application before it is registered?

If you believe your business could be damaged by the registration of a new trademark on the Principal Register, you normally have thirty days (30) after publication in the Official Gazette to take action. This means that if you don’t object to the trademark within this time, it becomes a registered trademark. Weekly trademark monitoring provides you with immediate notice of any "confusingly similar" trademark applications. Since this is well within the opposition period afforded each trademark owner, you have the opportunity to make a formal objection to the Examiner before the end of the period.

Q. Why don’t I just wait and oppose the trademark after it’s registered?

While it is possible for a trademark owner to oppose a trademark after it has been registered, the process is costly and time consuming. By opposing a trademark while it is still in the application stage, you can avoid becoming entrenched in an unnecessary trademark infringement suit. And since it is generally a lesser burden of proof to challenge the application during the prosecution stage, it is in your best interest to intervene before a trademark is registered.