Trademark Monitoring
Don’t be a mark, be Trademark Shark by actively monitoring your mark to safeguard your brand!
Effective Trademark Monitoring:
Why and How?
Once you’ve registered your trademark, the work isn’t over. In fact, it’s just beginning. Protecting your mark requires vigilance and ongoing monitoring to ensure no one infringes on your rights. The goal is to spot potential infringements or threats as early as possible.
Use it or Lose it
If you don't actively protect your mark, you risk losing your trademark rights. Early detection of potential infringement allows you to take timely action before substantial damage occurs.
Early Detection
Implementing an effective monitoring system involves regular checks of various databases, publications, and online platforms for any use of your mark or similar marks.
Continuous Monitoring
Regular scans of databases, publications, and online platforms allow for the early detection of usage of your mark, ensuring timely intervention and protection of your brand.
Digital Domain Tracking
Focusing on monitoring online platforms and domains for any unauthorized use of your trademark.
Trademark Importance
Why Should You Register Your Trademark
Stop Biters & Copycats
Protect your brand from those lurking to take a bite out of your hard-earned success. Registering your trademark acts as a clear warning sign to potential infringers, signaling that your brand is off-limits. It's your first line of defense against those looking to ride the wave of your brand's popularity by imitating your logo, name, or other unique brand elements.
Stand Out
In the crowded E-commerce marketplace like Amazon, your trademark is your brand's signature, distinguishing your products and services from the competition. Registration elevates your brand, providing it with an official seal of authenticity that resonates with customers and sets you apart. It's about creating a brand identity that's not just recognized but remembered.
Own your brand
Trademark registration is the ultimate declaration of brand ownership. It secures your brand's name, logo, and other elements exclusively to you, ensuring that your brand's identity is uniquely yours. Ownership comes with the power to control how your brand is used and the ability to shape its journey.
Make It Legal
Registration transforms your trademark from a mere symbol to a legal asset. It grants you exclusive rights, backed by law, to use your trademark in connection with your goods or services. This legal standing is crucial when expanding your brand, especially on platforms like Amazon Brand Registry, which require a registered trademark for enrollment, offering enhanced protections and brand-building tools.
Enforce Your Rights
With a registered trademark, you wield the authority to enforce your rights against any unauthorized use. This legal empowerment allows you to take decisive action against infringers, from issuing cease and desist letters to pursuing litigation if necessary. Registration equips you with the tools to safeguard your brand's integrity and market position.
Defend What’s Yours
In the face of challenges, a registered trademark is your shield. It not only deters potential infringers but also stands as your defense in legal disputes. Registration provides concrete evidence of your trademark rights, making it significantly easier to protect and maintain your brand's domain.
FAQ's
Trademark Shark FAQ’s
Have questions about trademarks, intellectual property, or brand protection? Check out our FAQs for answers to common queries to get clear, informative responses to address your concerns.
Trademark registration provides legal evidence of your ownership and exclusive rights to use the mark nationwide in connection with the goods/services listed in the registration.
Yes, if your seller name is unique and identifies the source of your goods or services, it can be trademarked.
While it’s not required, hiring a professional can increase the chances of a successful application. Trademark law is complex and a specialized attorney can navigate potential pitfalls.
The cost includes a filing fee that ranges from $225-$400 per class of goods/services, plus any professional fees if you hire a trademark service or attorney.
Trademark registration gives you exclusive rights to use your brand name and logo, preventing others from using similar marks that can confuse customers. It strengthens your brand identity and protects your business from counterfeiters.
The process typically takes around 8-12 months, but can extend longer if complications arise during the review phase by the USPTO.
Yes, you can. However, please note that the benefits and protections granted by a registered trademark will only be effective once your trademark has been officially registered.
This is a basic type of search where you look for exact matches of your mark in the USPTO database.
A comprehensive search report examines federal, state, and international databases, domain names, social media platforms, and other relevant places for similar marks.
No, a positive search report reduces the risk of conflict but does not guarantee registration. The USPTO makes the final decision.
A trademark search helps identify potential conflicts with existing trademarks, minimizing the risk of disputes and legal challenges in the future.
It is advisable to conduct a trademark search every time you introduce a new product, brand, or logo to ensure there are no conflicts with existing trademarks.
Yes, if you are not using your mark in commerce, you can file an Extension Request to gain
You can file up to five extension requests, each granting an additional six months, giving you a maximum of three years to start using the mark after receiving the Notice of Allowance.
If the abandonment was due to a missed deadline, you may be able to revive the application by filing a Petition to Revive and paying the associated fee.
The Petition to Revive must be filed within two months of the issuance of the Notice of Abandonment.
You need to provide a list of goods/services that the mark is still used with, a specimen showing the mark’s use, and the required fee.
No, to renew the registration, you must be actively using the mark in commerce.
Failure to renew leads to cancellation of the trademark registration, meaning you lose your exclusive rights to the mark.
Trademarks need to be renewed between the 5th and 6th year after registration, between the 9th and 10th year, and every ten years thereafter.
Delay in renewal may lead to cancellation of your trademark, losing the exclusive rights to use the mark.
The Statement of Use should be filed after you receive a Notice of Allowance from the USPTO and have started using the mark in commerce.
No, if you have not started using the mark, you can file an Extension Request to gain six more months to file your Statement of Use.
It’s a document submitted to the USPTO proving that you are actively using your trademark in commerce. It’s needed before the USPTO grants registration.
If a Statement of Use is not filed, the USPTO will abandon your trademark application.