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 do I need to do to protect my mark after it is registered?

Once properly registered, you will have to file your first Declaration of Continued Use between the 5th and 6th anniversary date of your filing. Your next renewal will fall between the ninth and tenth year. After that, you have to renew the mark every ten years. We will provide you notice of the applicable deadlines and allow you to file the necessary paperwork with just a few clicks of the mouse or with some minor updated information.

At the five year mark, assuming you have continued to use the mark, we will also help you file a “Declaration of Incontestability” giving you the greatest protection under trademark law. This will prevent others from contesting your trademark on grounds often subject to attack such as: (1) the mark is not inherently distinctive; (2) it is confusingly similar to a mark someone else began using before you; or (3) the mark is simply functional as opposed to identifying the source of the goods or services.

What do I do if someone is infringing?

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

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

Sometimes, the infringing party will ignore the demand or take the position that they are not infringing. At that point, you may have to consider a trademark infringement lawsuit. To prevail, you would have to prove:

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

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

Sometimes, a plaintiff will file a trademark infringement lawsuit only to have a court end up ruling the plaintiff’s mark - even if filed with the USPTO is invalid and should not have been registered in the first place.

What if I want to make changes to the mark after I filed it?

You can amend your application, but the process and the associated fees that come with it depend on when you try to make changes. If you want to make a change before the trademark has been published (go here for an explanation of the trademark process),you can log 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.

If you want to make a change once the trademark has been published in the Official Gazette, we can help you file a Post-Publication Amendment.

Depending on the scope of your amendment, you may have to file a new application. For example, amendments that broaden the scope of your description or add international classes may require additional fees and may force you to start over. Clerical errors, on the other hand, are generally easy to do and won’t affect your place in line or require a new application.

Can I sell, license, or assign my trademark?

Yes, like any other business asset, you can sell, license or assign your trademark. To remain valid, however, someone must continue to use the mark in commerce and you must register your assignment with the USPTO. We can help you with a transfer of the trademark. Sometimes, individuals register the mark before a company is officially set up. Then, once the company is formed, you need to transfer the mark into the company. We can help with that too.

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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