What is online brand monitoring
Even after a successful trademark application and registration of your word mark or figurative mark, the mark should be monitored regularly. But why is brand monitoring so important? And how can we, as lawyers specializing in trademark law, support you in monitoring your trademark or your company name?
Every month over 6,000 trademarks are registered with the German Patent and Trademark Office (DPMA) alone. There are also numerous community trademarks that have been registered with the European Union Intellectual Property Office (EUIPO) and those that are internationally registered with the World Intellectual Property Organization (WIPO). All of these trademarks in the three trademark registers are effective in the Federal Republic of Germany.
It is true that the DPMA, the EUIPO and the WIPO have databases in which all national and international trademarks applied for, registered and also rejected are listed. However, will No trademark search with ex officio similarity test performed. This means that the offices do not check whether newly added trademarks violate already registered property rights.
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Why should you monitor a brand?
In order to protect your trademark as a trademark owner, you should therefore have regular controls carried out by means of trademark research. This is the only way you can initiate an objection or cancellation procedure and defend your trademark as quickly as possible if there is a risk of your trademark being confused with a "new" trademark. A regular monitoring saves money in the long term, as deletion or objection procedures can only be initiated for a limited period of time. Later these rights have to be laborious with a judicial Trademark lawsuit to be fought for.
Brand surveillance is also makes sense from a business point of view, because only if competing brands are kept at a distance can a stable and stand-alone brand image on the market be achieved.
In addition to monitoring the trademark register, it is also necessary that the commercial register is checked to determine whether company names and company names are possibly identical to your trademark or whether there is a risk of confusion. In addition, in certain cases there are various title protection directories and research into whether similar domains may have been registered with DENIC.
How can a lawyer help you with trademark surveillance?
Trademark monitoring requires extensive and regular trademark research that reveals identical and similar uses. Theoretically, this could also be done by the trademark owner.
Due to the large number of trademark applications and the sources of information to be checked, a serious brand monitoring only professional and computer-aided respectively. In view of the resulting high costs, it is usually cheaper to outsource trademark monitoring to external service providers such as a law firm specializing in trademark law.
For sensible, professional and successful brand monitoring, we regularly check the following sources of information for you with regard to your brand:
- The databases of the relevant trademark registers (at the DPMA, EUIPO and WIPO)
- The commercial register in the places for which your trademark is valid
- The title protection directories (if relevant)
- The registered domains that are similar to your brand
We are happy to support you in this task together with our cooperation partners and help you to protect your rights - both in and out of court.
Call us at 0221/951 563 0 (advice nationwide) at.
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