Brand monitoring with Recht 24/7

Trademark monitoring - the most important facts in brief

Trademark monitoring by service providers

The German Patent Office advises: A trademark without trademark monitoring makes no sense. Trademark monitoring is an important part of trademark protection and should definitely be set up professionally after filing a trademark application.nullA lawyer can carry out trademark monitoring as a service provider with identity searches in the registers of the DPMA, the EUIPO and the WIPO to identify Trademarks that could be similar or identical to your own trademark . In this way, you can file an opposition against these Trademarks if necessary. However, identity searches are only of limited value and do not offer complete protection against trademark dilution.

For this reason, ongoing trademark monitoring by a lawyer with regard to identical and confusingly similar Trademarks and company names is essential for effective protection. Fortunately, trademark monitoring does not have to be expensive.

Have your trademark monitored: How to protect your trademark from copycats

A trademark stands for the quality and image of your products or services. It ensures recognition and creates trust. Reliable trademark monitoring is important to protect it from misuse by competitors. Only then will you be in a position to react promptly to trademark infringements. With us as your competent partner, you also save time and money.

Trademark infringements: On the safe side with trademark monitoring

As the trademark owner, you have the sole exploitation and usage rights to your trademark. This means that only you may advertise with it and sell branded products. Third parties are prohibited from using your trademark commercially. If it is used unlawfully by competitors, this is considered a trademark infringement. Typical examples are

• A competitor offers services or products under a similar/identical name.
• Third parties take advantage of your trademark to market their own products under a similar trademark .
• A competitor uses a Trademarks protected by you (e.g. logo) on packaging or for advertising purposes.

The problem: How do you find out about such infringements? This is where trademark monitoring is the right tool. It enables us to detect in good time if third parties are misusing rights to your protected trademark . You are then usually entitled to injunctive relief. You can assert this by issuing a warning letter. By submitting a cease-and-desist declaration, the infringer undertakes to cease the trademark infringement immediately and not to repeat it. You may be entitled to compensation. The amount depends on:

• the profit of the injuring party
• Your lost profit
• the license damage incurred

Trademark monitoring also makes sense, as trademark infringements are punishable by law. The law punishes infringements with a fine or a prison sentence of up to 3 years. If the trademark infringement is committed on a commercial basis, there is even a risk of imprisonment of up to 5 years.nullAs a trademark owner, you must take immediate action against trademark infringements in order to protect the value of your trademark and the good reputation of your company. You can do this by commissioning an experienced partner such as Recht 24/7 with trademark monitoring.

have your trademark monitored: How does that work?

You can only prosecute trademark infringements if you discover them. The problem is that trademark offices do not check whether new Trademarks infringe Trademarks that have already been registered. Theoretically, a third party can register your trademark identically without you noticing.nullFor this reason, reliable trademark monitoring is essential. According to Section 42 of the German Trademark Act (MarkenG), an opposition is only possible within 3 months of publication of the trademark registration. If you allow this period to elapse, the third-party trademark can only be removed by an action for cancellation.nullWith trademark monitoring from Recht 24/7 , you receive comprehensive protection for your trademark. We check all relevant registers and databases for new applications on a weekly basis. These include

• DPMA: German Patent and Trademark Office
• EUIPO: European Union Intellectual Property Office
• USPTO: United States Patent and Trademark Office
• WIPO (Madrid - The International Trademark System): World Intellectual Property Organization

If an imitator has registered a similar or identical trademark , you will receive a report from us. We will recommend whether and how you should take action against the trademark infringement.

Why should I carry out trademark monitoring?

A trademark is only a trademark if it is sufficiently distinctive. It not only serves to differentiate a product from its competitors, but also informs consumers about the origin and expected quality of a product.nullIf the distinction from other Trademarks is no longer clear, there is a risk of loss of distinctiveness - so-called trademark dilution.nullCustomers can no longer clearly distinguish your trademark from the competition. It is also no longer possible to identify a specific product with your trademark . The consequence: quality deficits of the imitator could be wrongly attributed to your company. There is a risk of losing customers, suppliers and investors. Your trademark and the reputation of your company are at risk.nullOnly if you as the trademark owner intervene in time will you ensure the distinctiveness of your trademark.nullOur trademark monitoring protects your interests - at a fair fixed price! We will inform you immediately about similar or identical new applications and, at your request, will file an opposition in due time.

Trademark monitoring by specialized lawyers - time is money!

Trademark monitoring is an important part of protecting a trademark after it has been registered. This includes the regular search for identical or confusingly similar Trademarks that could potentially infringe the original trademark . This is carried out by specialized lawyers who are familiar with trademark law and have access to the necessary search software systems and databases. They can search for potential conflicts, analyze them and provide advice on how to proceed if problems arise.nullSpecialized lawyers can also assist with other aspects of trademark protection, such as filing opposition proceedings against third-party applications that may conflict with your trademark . They can also advise you on how to respond to cease and desist letters from other parties claiming trademark infringement. A lawyer experienced in trademark law is essential to ensure that your trademark remains protected from potential infringement.nullTrademarks monitoring is an essential part of protecting a trademark or product. Without it, companies can find themselves in a vulnerable position if a competitor tries to register a similar trademark .

What many applicants forget is that if a competitor registers a conflicting trademark , there is only a short period of time to file an official opposition to the registration of the later trademark . Professional trademark monitoring can help companies stay ahead of this deadline and ensure that their rights are protected. It also helps them to identify potential infringements of their Trademarks and intervene quickly if necessary. With professional trademark monitoring, companies can be sure that their Trademarks are protected from imitators and competitors alike.

Short time window for reporting a trademark infringement

Trademarks monitoring is an important part of protecting corporate identities and ideas. If a competitor applies for a very similar trademark in the same trademark classes, it is important to act quickly. The trademark owner has a three-month period to file an opposition against the competing trademark . Once this period has expired, the statutory trademark protection comes into full force and the third-party trademark can only be removed by an action for cancellation.nullIt is therefore important to remain vigilant and to regularly check with a trademark watch whether new applications have been filed that may infringe your own Trademarks .

Lodge an objection

Filing an opposition is a common means of protecting a trademark from infringement. If another party attempts to register a similar trademark , the original owner can file an opposition with the trademark office. In this opposition, it must be proven that there is a likelihood of confusion between the two Trademarks due to their lack of distinctiveness. If the trademark office agrees, the other trademark is deleted from the register.nullThe costs for filing an opposition vary depending on the office. The German Patent and Trade Mark Office (DPMA) charges a fee of 250 euros for the first application and 50 euros for each additional trademark against which an opposition is filed. Oppositions against conflicting Trademarks trademarks at the EUIPO are subject to a fee of 330 euros per trademark . It is important to know that these fees are non-refundable, even if the opposition is not successful.

Interim injunction

A preliminary injunction is a court order that obliges a party to take or refrain from taking certain measures until the legal dispute has been settled. In cases of trademark infringement, an injunction can be used to prevent further damage to the trademark owner's rights and reputation. In order to obtain a preliminary injunction, the trademark owner must prove that there is an urgent need for immediate legal protection and that he is likely to succeed with his claims.nullIn deciding whether or not to grant a preliminary injunction, the court considers several factors, such as the likelihood of success on the merits, the irreparable harm that may result if the injunction is not granted, and the potential harm that may result from granting the injunction. In addition, the courts may also consider whether there are other, less drastic legal remedies. If all criteria are met, the court will issue a temporary restraining order or preliminary injunction until the case is decided in court.