TRADE MARK WATCH

Trade Mark act as an asset for the business. Registered Trade mark though not compulsory, but provides immense benefit in creating customer- Brand relation as well as increases the brand value. Trade mark registration is the very basic step of enjoying the benefits of brand value. Though there exists high risk of Trade mark infringement or misuse. It is the duty of the registered owner to keep a watch on other Trade mark, so as to identify the risk of infringement, create evidences for filing opposition etc.  The registered owner has the right to file an opposition application within 30 days from the date of publication. In case, third party mark has already been registered, the applicant still gets a chance to file an opposition.

Trade mark watch can be done online as well as offline. Though very few countries have opted for online watch. It can be conducted at regional, national as well as international level.

TYPES OF TRADE MARK MATCH

  • IDENTICAL TRADE MARK WATCH: in such a case, the mark of the third party is identical to the registered trade mark.
  • SIMILAR TRADE MARK WATCH: in such a case, the mark of the third party if not identical is similar to the registered trademark. Thus, it is deceptive in nature.

Though, it is recommended to conduct the watch with the opinion of the attorney.

CONCLUSION

Thus, it is a process of protecting the registered mark by conducting a detail monitoring or search in to prevention of global reputation.  The Trade mark watch shall cover all relevant provision that can act as a ground of refusal of Trade mark refusal or Trade mark cancellation.