Trademark Monitoring: Why Registration isn’t the Finish Line.
Once the owner of a trademark files a trademark application and receives the green light of registration from the USPTO, it is tempting to believe the work is done. But this is simply the starting point for a trademark. Having a strong trademark policing plan is essential to ensure continued success with the USPTO. In fact, a legal duty exists for the owner of a trademark to police it.
Registration Confirms Rights. It does not enforce them.
The USPTO is responsible for examining trademark applications and issuing registrations but is not responsible for monitoring the marketplace for trademark infringement. Trademark owners are responsible for protecting their own rights. In other words, obtaining a registration gives a trademark owner powerful legal tools, but it does not stop others from infringing, whether intentional or accidental.
Why Trademark Monitoring Matters.
First, trademark monitoring matters because trademark owners have a legal duty to police their registered marks. Many courts have held that if a trademark owner “sleeps on its rights,” an infringer may be permitted to continue using the owner’s mark. Second, when a trademark is effectively monitored, infringement, if it occurs, is usually detected much earlier, reducing costs of potential litigation to the trademark owner.
Another benefit of trademark monitoring is the protection of brand reputation. A trademark owner’s branding and reputation is kept safer through monitoring because customers do not equate the owner’s branding with goods and services it is not actually associated with.
What Happens if You Don’t Monitor Your Trademark?
If a trademark owner fails to comply with the USPTO and police its trademark, trademark protection may be compromised or totally eroded. Plus, this may be costly in multiple ways. If trademark monitoring occurs haphazardly, it may cost more to litigate a matter with late detection of infringement. If you fail to monitor your mark, you may end up having to fully rebrand your business. No owner wants to do that.
There’s a Better Way.
Trademark monitoring does not have to become another item on your never-ending to-do list as a business owner.
Darkhorse Attorneys offers trademark policing plans to help you monitor your marks and comply with the relevant laws. This plan takes the burden of policing off of you, allowing us to handle the tedious work of policing! To learn more about our trademark policing plans, contact Darkhorse Attorneys.
To learn more about our Trademark Policing Plans, click here.
Author Credits: Briley Boan
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