Trademark watch services, mark monitoring

The registration of a trademark holder will receive a unique monopoly on the use of a particular brand. Claiming protection is step one, maintaining it is the next step in trademark management. A successful launch of a new product will attract imitators seeking to ride on the success. Remember that the trademark authorities themselves are passive and therefore do not check the registry if a trademark has already been registered or not. That is the responsibility of the proprietor. This means that another company can file a virtually identical trademark and that the earlier proprietor must act to maintain its monopoly (and to avoid market share / revenue lost to the other company).

With a trademark watch three aspects play a role; the trademarks, the products / services for which the trademark is registered and the country where both trademarks are registered. Our lawyers evaluate corresponding brands. If found, then, check whether the other party uses the trademark for the same products or services. Finally, it checks whether you have protection in that country and who has the oldest rights. Depending on this, we advise you about the steps to take. A trademark watch signals at an early stage whether a similar trademark was applied for. The advantage is that by quickly taking contact with the other party can often avoid a complicated and expensive lawsuit.

If it has detected a similar mark, then the first step write to the other party with a request to withdraw the application. If that does not do this then there are often two possibilities. Next set a formal procedure with the authorities so that the trademark is refused (opposition). On the other hand, a procedure may be initiated before the competent court to stop using the sign. Not acting is unwise because it dilutes your trademark.

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PURE - MENTOS

MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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