Best trademark monitoring service [Expert Answers]

Last updated : Aug 20, 2022

How do I monitor trademark infringement?

Monitoring Your Trademark One way to monitor a trademark is to check the USPTO filings regularly to see if anyone has applied to register a trademark that is similar to yours.

Does trademark need monitoring?

It's important to monitor your trademark with correct monitoring and enforcement, as you won't be able to maintain your rights otherwise. Infringers also won't be able to say that their infringing is legal according to the doctrine of laches.

What is a trademark watch service?

A trademark watch service monitors newly filed and pending third-party trademark applications for marks confusingly similar to yours and within your product or service area. Not all trademark infringement is malicious. Some businesses may innocently adopt a confusingly similar brand to yours.

What is the best site to file a trademark?

• The Best Trademark Registration Services of 2022.
• LegalZoom.
• Trademark Engine.
• Rocket Lawyer.
• JPG Legal.
• Trademark Plus.
• TrademarkCenter.
• Trademark Factory.

Why are trademark watches important?

Trademark watching is an important tool in the proactive monitoring of registered marks and devices, helping companies to identify and act against infringement and misuse of trademarks in a timely manner.

Does LegalZoom work for trademarks?

LegalZoom's Three Easy Steps process makes it simple to apply for trademark registration online.

How long is a trademark good for?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

Can I file for a trademark myself?

You can do this yourself on the USPTO database, and/or you can hire a professional firm or attorney to engage in this process. Fill out the trademark application on the USPTO website. The forms are fairly self-explanatory. You will list your name, business information, and describe your mark.

How much are federal filing fees for a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark.

Do I need to trademark my business name?

There's no legal requirement for you to register a trademark. Using a business name can give you 'common law' rights, even without formally registering it.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

What are the 4 types of trademarks?

• Generic. A generic term is a common description that does not receive trademark protection.
• Descriptive.
• Suggestive.
• Arbitrary or Fanciful.

What are the 3 types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

What is the cheapest way to trademark?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

Can a sole proprietor register a trademark?

Individuals & Sole Proprietorship Any individual – Indian National or Foreign National can easily register a trademark in India. There is no requirement for forming a legal entity or business entity to register a trademark.

Can you use TM without registering trademark?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

How much is it to trademark a name and logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

How much is it to copyright a brand name?

Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.

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Write a comment

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Thanks for your comment Jude Medick, have a nice day.
- Avelina Ysaguirre, Staff Member

i want to talk today about a tremendous tool in the toolkit for brand owners that i don't think we've covered in any prior episode at least we have not covered it in any great detail and that is trademark monitoring now once you have an established protected brand there are benefits to staying on top of it and to dealing with any infringements that might come up as quickly as possible we've talked about that before in previous episodes about what to do when you learn that somebody might be infringing your brand name the way that traditionally big established wealthy brands found out about all the things out there that might be problems with their trademarks was paying for monitoring services these services used to be quite expensive but they have come down in price dramatically recently because of all the wonderful online search tools that are available so first let's talk a little bit about what monitoring is and why it's important and then i'll get to you know what you can do if you're interested in trademark monitoring monitoring is a regular check for possibly infringing brands now there could be different scopes it could be looking everywhere on the internet for domain names all kinds of databases including the uspto or it could be more limited sometimes there would be a benefit in just searching the uspto records again the earlier you find out about an application that might be causing a problem with your trademark the more quickly you can react and the more quickly you can react the more likely you are to get a resolution that's easier cheaper less protracted because the other brand the other business presumably hasn't invested nearly as much in the brand at the time when you're catching it so that's why catching it early is so valuable so that's what monitoring is and again this tremendous value is because the earlier you act generally and you know i've seen this over you know hundreds if not thousands of instances over the years the earlier you act the far better chance you have of getting the other business to make a change make an adjustment drop their plans you know without a significant dispute because think about it from their perspective once they're a year two years into building their business and generating revenue and having customers it's much more difficult to disconnect from a brand even if it is a problem in terms of the trademark and a possible infringement so it's much more difficult both practically and the business owner is likely to be much more financially and emotionally invested in it so that's why catching it quickly is important and that's why monitoring is important and valuable so if you're interested in monitoring what you want to do is look into services that will generate reports for you and many law firms will generate reports for you with a summary of what they found using you know a database specialist that goes out and every month crawls the databases highlights findings then you want to have ideally an attorney reviewing those findings so they can discuss you know anything that's worth possibly considering taking action and taking it from there so if you're interested in learning more about monitoring for your brand this is something that we've begun offering with our clients because we frankly had so many requests for it and we're already seeing the benefits and ramifications after beginning to monitor for just a handful of clients and there may be a tremendous value for your brand as well so you can contact me at ericpelton.com you can check out our special page all about monitoring at ericpelton.com monitoring or leave a comment or a question on this platform or video wherever you're listening to or watching this

Thanks Chance your participation is very much appreciated
- Avelina Ysaguirre

About the author

Avelina Ysaguirre

I've studied environmental ethics at St. Joseph's College in Brooklyn and I am an expert in dramaturgical sociology. I usually feel peaceful. My previous job was art director I held this position for 4 years, I love talking about conlanging and shooting. Huge fan of Rita Ora I practice short track and collect toys.