Knowing is Half the Battle to Stop Infringement.

After you have invested the money to register your trademark, you need to take steps to enforce and protect it. To do that, you need to know who else out there might be using your name. Yes, you can occasionally put your name into a search engine, but that is not enough to identify and stop infringers. If you grow too lax on your enforcement, you may lose your registration benefits so knowing whether anyone is using your name is important.

The Trademark Engine's proprietary Trademark Monitoring Service systematically scours the federal trademark database to find any similar use of your mark and we provide you a monthly report prioritizing the top possible conflicts you need to know about.

Why monitor your trademark?

There are many reasons you should monitor your trademark, but here are a few important ones.

  • Stay vigilant so that your mark does not get diluted and become a generic word like “escalator” has become.
  • Know when it is time to take action to protect your mark from infringement.
  • Helps prevent knock-offs and impersonators.
  • Know what your competition may be up to.

What do I get with Trademark Monitoring?

Here are some of the benefits you receive when you montior your mark with Trademark Eninge.

  • Peace of mind knowing we are keeping an eye on things for you.
  • Systematic monitoring of all USPTO filings custom-tailored to look out for marks that may be of interest to you.
  • A personalized monthly report of all USPTO filings that may be confusing with your brand name.
  • Identification of new applications that may sound alike or may be misspellings of your mark.

The Trademark Engine has a proprietary automated system to monitor any USPTO filings that may create a conflict with your trademark backed up by full customer support. We will notify you so that you can take the appropriate action to protect your trademark and the goodwill associated with the name you have worked so hard to build. The Trademark Engine was started by and is managed by an experienced trademark attorney. Although we do not provide any legal advice, we give you the tools necessary to help you protect yourself. Don't go through all of the effort to get your trademark only to see it abandoned because you did not enforce it. Sign up for trademark monitoring today.

Trademark Monitoring FAQs

What does an applicant need to do to protect the mark after it is registered?

Once properly registered, trademarks generally need to be renewed by filing a Declaration of Continued Use. The first Declaration of Continued Use is usually due between the 5th and 6th anniversary date of the filing. The next renewal usually falls between the ninth and tenth year. Thereafter renewals are generally every ten years. Trademark Engine provides notice of the applicable deadlines and allows filing of the necessary paperwork via its personalized portal with just a few clicks of the mouse or with some minor updated information.

At the five year mark, assuming continued use of the mark, we can also help file a “Declaration of Incontestability,” which provides additional protection under trademark law. This may prevent others from contesting the trademark on several common grounds, such as: (1) the mark is not inherently distinctive; (2) it is confusingly similar to a mark someone else began using first; or (3) the mark is simply functional as opposed to identifying the source of the goods or services.

Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE.

What do I do if someone is infringing?

Often a trademark owner will send a cease and desist letter demanding that the infringing party stop using the mark. The infringement may not be on purpose and the infringing party may stop when notified that their conduct is in clear violation of another’s rights.

The infringing party may also ignore the demand or take the position that they are not infringing. At that point, you may consider a trademark infringement lawsuit. You should talk with an attorney if you believe a lawsuit might be the right choice for you.

Successful lawsuits have common characteristics and you should discuss with a lawyer whether any of these are present in your situation:

  • The plaintiff is the owner of a valid mark - which is ordinarily presumed if they have a federal trademark registration
  • The other side is using the mark without authority in connection with the sale of goods or services
  • The other side is using the mark in a manner that is likely to cause confusion to reasonable consumers

Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE.

Is it possible to make changes to the mark after it is filed?

It is possible to amend an application, but the process and the associated fees generally depend on the timing of the changes. Changes before the trademark has been published in the Official Gazette can be made by logging into your Trademark Engine account and request that a change be made. Additional fees to Trademark Engine and filing fees to the USPTO may apply.

Changes once the trademark has been published in the Official Gazette generally require a Post-Publication Amendment, which Trademark Engine can assist with.

Depending on the scope of the amendment, an applicant may need to file a new application instead. For example, amendments that broaden the scope of a description or add international categories may require additional fees and may require a new application. Clerical errors, on the other hand, are generally easy to fix and typically won’t affect the applicant’s place in line or require a new application.

Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE.

Is it possible to sell, license, or assign a trademark?

Yes, like any other business asset, a trademark can be sold, licensed or assigned. Validity requirements generally still apply, so someone usually needs to continue to use the mark in commerce and it is helpful to register assignments with the USPTO. If you enter into such an agreement, we can help with a transfer of the trademark with the PTO. Sometimes, individuals register the mark before a company is officially set up. Then, once the company is formed, the mark needs to be transferred into the company.

Please also read WHAT YOU MUST KNOW BEFORE USING THIS WEBSITE.

Starting at$175
Get continued protection through our active, comprehensive, and customized monitoring service
  • Systematic monitoring of similar marks
  • Monthly reports custom-tailored for you
  • Full customer service and 24/7 access to your account
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