There’s a common misconception among business owners and entrepreneurs that once you receive a trademark that covers your name or brand, you are fully protected and nothing further needs to be done from an intellectual property perspective. Not so.
The truth is that registering your trademark with the help of an IP attorney is only half the battle. While your trademark will serve as a significant deterrent and will provide you with certain rights to seek financial compensation if and when it becomes necessary, the responsibility of policing and protecting your marks against infringements falls squarely on you.
Some infringements that you may face once your mark is registered and your brand is recognized will be deliberate. Unfortunately, there are unscrupulous people out there that think nothing of conducting business under an already used and familiar name in order to better sell their product or service. They figure they’ll only get in trouble if they are caught and usually realize and factor in that it can be quite difficult for business owners to actually police their brands in a large, crowded, and constantly expanding, global marketplace.
Many infringements are not so clear cut, and often completely unintentional. A first-time business owner may not realize the importance of “doing their homework” to ensure that the name under which they’d like to operate, or other aspects of their business are not already in use by someone else. These new entrepreneurs are also less likely to retain a lawyer who can help them carefully navigate the IP portion of their new business to ensure they are not infringing on someone else’s brand or rights from the start.
The ways in which others may intentionally or unintentionally use the marks that you’ve legally acquired are numerous. Staying vigilant against such theft is a tall order for even the savviest business men and women and can be a job in and of itself. That’s where the benefits of a watch service come into play.
Benefits of a Trademark Watch Service
Watch services can be a great precautionary step in preventing trademark infringement and preemptively protecting your brand.
By utilizing a watch service that monitors the web and the courts, your attorney will be updated on a regular basis regarding the application, publication, or appearance of confusingly similar marks to the one for which you have signed up to receive notices.
The goal is to be sure that you’ll be alerted when someone attempts to infringe on your trademark before they can get very far with their actions or start profiting from your likeness or diluting the value of your brand.
Types of Watch Services Available
Here at the Law Offices of Jason H. Rosenblum, PLLC, we have different levels of protection that can be offered via our Watch Service. How comprehensive of a “watch” you need to protect yourself really depends on the complexity of the IP involved. Add-ons are also available to monitor state business names, domain name databases, and worldwide coverage of more than 200 countries. Of course, the more comprehensive the watch, the higher the cost. All of our services, however, include an initial review and analysis of all alerts, as well as reporting and advising as to whether steps should be taken against potential infringers once identified.
For Peace of Mind and Brand Protection, Consider Adding a Watch Service to Your Business Arsenal
When you are busy running a business, it can be impossible to monitor the internet all day and police the courts to ensure no one else is attempting to use your trademarks or dilute your brand. And, by the time you figure out that this is actually happening, the damage to your brand or bottom line can be irreparable.
If you’ve taken the time to secure a trademark, I’d encourage you to finish the job by utilizing a service that allows you to keep a “watchful eye” on your intellectual property. If you would like more information about the watch service that our NY and SC trademark attorneys recommend, please feel free to contact us at (888) 666-0062 for more information.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.
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