Trademark monitoring involves keeping an eye on new trademark applications and online uses of the trademark. In the US, the Patent and Trademark Office (PTO) reviews and assigns trademarks, publishing a register of new applications. Trademark owners can file an appeal if there is a possible conflict. Online tracking involves monitoring keyword advertising and domain name registrations to prevent cybersquatting. Law firms and commercial services offer trademark and online tracking, which can be outsourced. Monitoring should be proactive, timely and comprehensive.
Trademark monitoring is an important part of trademark ownership and there are two main methods of monitoring. First, a trademark owner should keep an eye on new trademark applications to see if the trademarks applied for are so similar to the original that there is confusion. Second, the trademark owner should monitor online uses of the trademark, both in domain name registrations and in sponsored advertising. Monitoring can be done individually, through a commercial agent or through a law firm.
Trademarks are registered differently in different countries, and each country with a trademark registration system has a different way of reviewing new trademarks and advertising applications. In the United States, the Patent and Trademark Office (PTO) is in charge of reviewing and assigning trademarks. The PTO regularly publishes a register, called the Gazette, of new publicly searchable applications. An important part of trademark monitoring in the United States is a review of each Gazette for applications that are sufficiently similar to the monitored trademark to cause infringement or confusion.
A trademark owner who detects a possible conflict with an applied for trademark can file an appeal and ask for the new trademark to be canceled before it is assigned. Of course, studying each Gazette, discerning whether an application may be problematic, and preparing for a legal challenge can take significant time and resources. Many law firms and other trademark protection agencies offer trademark monitoring services to trademark owners that include application monitoring not only in the United States, but around the world. For major brands with significant brand recognition, it is essential to monitor international applications for possible conflicts.
Brand owners also need to understand how their brands are being used online. The Internet has become one of the first places consumers look for information about products and services. Monitoring how a brand is being used online, whether by competitors, reviewers, cybercriminals, or anyone else, is an essential part of brand monitoring.
There are several components to a successful online tracking scheme. First, the owner should consider whether and how others are using the brand in sponsored keyword advertising. Keyword advertising affects how search engines display sponsored links and hits. If a competitor buys another company’s brand as a keyword, a consumer searching for the brand may actually be directed to the competitor’s site. Brand owners who monitor the use and sale of their brands as search terms can often end or reduce this practice.
Another important technique is tracking domain name registrations. Registering someone else’s brand as a domain name, such as notmybrand.com, is known as “cybersquatting.” Cybersquatting, like keyword advertising, can divert consumers away from the brand owner’s products. It can also damage the brand owner’s image if a website that appears to belong to the brand owner is filled with advertisements, contains inappropriate content, or distributes viruses or malware.
Tracking new domain registrations is more difficult than tracking trademark applications since there is no centralized clearinghouse for domain registrations. Domains are registered and canceled every day by hundreds of different domain registrars. Brand owners can purchase a variety of software programs to help them monitor how their brands are being used online. Even simple internet searches can help identify abuse.
Most law firms and commercial services that offer trademark application tracking also offer online tracking. Depending on the value of the trademark and the number of trademarks the proprietor has, it may be worthwhile to outsource monitoring to a third party. Regardless of the path followed in brand monitoring, it is essential that monitoring is proactive, timely and comprehensive.
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