FIRST ALERT Trademark Watching

Now that your trademark has been registered it is important to maintain vigilance of the United States Patent and Trademark Office records as well as the trademark records of the fifty states for new trademark applications which may pose a threat to the continued strength and validity of your registration.

Most trademark owners fail to initially see the value in adding a trademark watch service. It is not until the trademark owner attempts to enforce their trademark against another user of a similar trademark do they find out that the marketplace is flooded with similar trademarks. The existence of many similar trademarks essentially will weaken any claim that the trademark is distinctive and therefore highly protectable. Had the trademark owner maintained a watch service they would have been made aware each time a new trademark application was filed that was similar to the trademark owner's trademark. One can not simply rely upon the United States Patent and Trademark Office to keep confusingly similar trademarks from being registered. Rather, active watching, also known as "policing," of your trademark is essential.

Our FIRST ALERT Trademark Watch Service continually monitors the appropriate databases for newly filed trademark applications and trademark applications which have become “published for opposition.” FIRST ALERT will identify trademarks which may be visually and phonetically similar to your registered trademark or which are foreign equivalents of your trademark. Because of such similarities, the existence of such trademarks may cause future confusion in the marketplace, or otherwise dilute your trademark’s “strength.” Each time FIRST ALERT reports a potential conflicting trademark our office will discuss the information with you to determine what, if any, action(s) should be taken. Often times no action will be recommended. However, in some instances some action may be necessary.

Whether you choose FIRST ALERT of some other watch service, the important thing is that you actively police your trademark. Failure to do so may result in late and costly surprises.