TRADEMARK MONITORING
Protect Your Brand With On-Going Trademark Monitoring
24/7 Vigilance Over Your Brand
Early Detection of Infringements
Search Results in a Monthly Report
How Does Trademark Monitoring Protect My Mark?
In your trial, you'll receive your first trademark monitoring alert. It's an overview of the trademark landscape as it pertains to your brand, giving you the power to protect what you've built. Within this report are built-in links connected to any results found in the federal database or through a common web search, allowing you to act quickly with cease-and-desist letters. This proactive approach keeps your brand clear of infringements.
How to Read and Utilize Your First Trademark Monitoring Report
Your monthly report shines a light on two types of results: Federal Trademark Search Results provide comprehensive details about registered trademarks, as well as applications currently being reviewed by the United States Patent and Trademark Office. Common Law web search results show marks that may be commonly used in public, but are not currently federally trademarked.
Here's a breakdown of how to digest the outcomes of each section:
Our service scans the federal database to search for any possible infringements. Each result will contain the potentially matching mark's serial number, status and date filed. For each result within your report, there's a link to generate a customized cease-and-desist letter if necessary.
This report section will scour the internet for websites potentially using your mark. The service links every match in the report so you can investigate their usage yourself for potential infringements.
How to Handle a Trademark Infringement?
Trademarks offer exclusive rights to their owners, making it illegal for anyone else to use them without a license. A trademark infringement notice can be issued when a trademark is used incorrectly or illegally.
Through ongoing monitoring, monthly searches in the USPTO database and the web confirm that infringement on your trademark exists.
A cease-and-desist letter is the first action to take in response to infringement, serving as a formal demand to halt unauthorized trademark use. It's important to note that a cease-and-desist letter differs from an actual cease-and-desist order, which is formally signed by a judge and obtained by the court within a lawsuit.
The infringement may not be on purpose, and the infringing party may stop when notified by this letter that their actions violate your trademark. The infringing party may ignore the demand or take the position that they are not infringing. That's when you may consider a trademark infringement lawsuit.
Contact an attorney for a consultation after you've sent the notice and either received a response claiming the party will continue using your mark or you've received no response after a period of time. In your consultation, your attorney can guide you through the best next steps for your specific situation.
Have someone represent you if it's needed to take your case to court. An attorney can advise you about where you should file the lawsuit, the strength of your case, and advocate for you during this process.
