Trademark monitoring · European Union

Trade mark monitoring helps you notice later applications that may conflict with your brand. Configure trade mark monitoring for the sign, goods and markets that matter to you. An alert gives you a publication to investigate while there may still be time to act. It does not stop the later application or file an opposition on your behalf.

Which trade mark registers should you monitor?

Start with your registration or application number and the mark as filed. Add the main product names or logo elements customers actually recognise. Identify the territories and registers to be watched. If your business operates in several markets, confirm which local, EU or international publications the selected service includes.

Trade mark monitoring configured for one country should not be assumed to cover every office whose registrations may have effect there. For example, a shop selling only locally may still encounter a later EU application. Ask which publications the monitoring service checks and whether you need separate monitoring of EU trade mark applications.

Which similar trade marks deserve closer attention?

Looking only for an identical word can miss similar spellings, pronunciations or arrangements of elements. On the other hand, overly broad trade mark monitoring may return many records for unrelated products. Use the goods, services and customer groups that matter commercially to refine the scope.

A business selling safety footwear, for example, may want to review similar names used for related clothing or retail activities. A match in the same class is a signal to read the two specifications. It is not by itself proof that the new applicant has infringed your rights.

What to do when an alert arrives

• Open the official record and check the application number and status.
• Identify the publishing office, publication date and territory.
• Compare both signs and the precise goods or services covered.
• Record any applicable deadline and nominate someone to follow up.

Keep the original alert with a copy of the record. If you decide no action is needed, a short note explaining why can help when the same owner files another application. If the match is serious, allow time to check the legal basis and available evidence before the deadline.

Monitoring and opposition are separate

Trade mark monitoring identifies published applications for review. Opposition is a formal procedure before the relevant office and normally requires separate instructions, grounds and fees. The publication date and applicable rules determine the deadline. Do not treat the date you received an alert as the start of that period.

Document a decision about an alert

Imagine that trade mark monitoring identifies the same name for a new clothing line and for an unrelated piece of software. Record the outcome separately for each publication. For the clothing item, you may need to compare the goods and sales channels; for the software, there may be no commercial overlap. Neither conclusion follows just from the matching name.

Keep a record of who reviewed the alert, which entry they checked and whether anyone needs to act. That record helps the next reviewer understand why one alert was closed while another was referred for advice. It also helps you adjust monitoring settings that repeatedly flag irrelevant terms.

Updating the settings for trade mark monitoring

Update the settings when you launch a new product, enter another territory or change the sign. Make sure alerts reach a person who can make decisions during holidays or staff changes. Monitoring the register also differs from searching shops, social media or domain names for actual use; agree which of those activities, if any, are part of the service you order.