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Trademark monitoring is a practice of tracking other trademark applicants and subjects on the market with the goal of preventing infringement. While trademark registration gives its owner rights for the exclusive use of the mark in commerce, trademark monitoring is a form of ongoing protection, ensuring the owner will not only own the rights but will also know when they are breached upon.
You can monitor trademarks by regularly checking databases and scanning similar filings. Since trademark databases are public, anyone can do this.
If you are looking for more elaborate and in-depth results, you can also prepay a trademark monitoring service provided by a 3rd party. You can usually set search parameters - classes of goods and services, jurisdictions, the level of similarity to consider, etc. You will then receive reports of similar or identical trademarks filed in the jurisdiction(s) of your choice. This will allow you to file an opposition against these applications in time.
Not necessarily; you can monitor trademark infringement yourself. However, we'd recommend considering a service for the following reasons:
Time savings: Outsourcing trademark monitoring means you'll have more time to focus on growing your business.
Consistency: If you want to monitor your selected IP database once a every 2-3 days, which is a standard, it will get hard to remember, and you might miss your window.
Calibrated results: As more and more applications get filed each year globally, it's easy to get overwhelmed by monitoring results. A good report will filter out what you don't need.
The recommended frequency for conducting trademark monitoring varies based on the jurisdiction or, more specifically, on the duration of the opposition window in that jurisdiction. Typically, opposition windows last 2-3 months, making monthly monitoring sufficient. However, in the USA, the opposition window is only one month long, increasing the risk of missing the opportunity to respond to an infringing trademark application in a timely manner.