Trademark monitoring is an automated service that alerts you when another party files a trademark application that is identical to your registered mark or confusingly similar to it. When an application is officially published by a IP office, the monitoring system notifies you via email, allowing you to evaluate whether the competing mark actually infringes your trademark rights and whether action is warranted.
The EU trademark offices, including the EUIPO will not automatically refuse registration of a trademark that is identical or similar to your existing mark – the EU trademark law does not provide for such automatic refusal. The IP office can only reject a conflicting application if you actively file an opposition within the prescribed deadline, In the EUIPO it is three months from the publication date of the conflicting application. Filing an opposition incurs an official fee.
This means there is a genuine risk that a third party could, without your knowledge, obtain trademark protection for a mark that is highly similar or even identical to yours. Without proactive monitoring, such registrations can slip through undetected.
Trademark monitoring functions as a security system for your brand, systematically identifying trademark applications that pose a threat to your intellectual property interests. It enables you to make an informed decision about whether to file an opposition – a critical step in protecting your exclusive rights.
Beyond mere registration alerts, monitoring also provides indirect market intelligence: when a competitor files a trademark application, it signals their intention to use that mark in commerce, either immediately or in the near future. This advance warning allows you to:
Block the application prospectively by filing a timely opposition with the IP office,
Prevent brand misuse by addressing the competitor directly (e.g., through a pre-litigation cease-and-desist letter) before they establish market presence.
Without an active monitoring service, you risk allowing a competitor to obtain protection for a dangerously similar or identical mark without your knowledge – a situation that works against your business interests and, in extreme cases, can damage your brand reputation if the competing mark is associated with inferior-quality goods or services.
If you fail to file an opposition within the three-month window, your remaining option is to petition for invalidation of registration of the competing trademark. However, invalidation proceedings are:
More expensive than opposition procedures
Subject to statute-of-limitations challenges: if you delay too long in asserting your rights or enforcing them in court, the competing trademark owner may raise a non-use defense, blocking your invalidation claim.
Additionally, tolerating use of a confusingly similar or identical mark for an extended period exposes you to statute-of-limitations arguments that can prevent you from pursuing judicial remedies for infringement.
This is why rapid response to counterfeit or infringing marks is essential. Trademark monitoring identifies these threats early, enabling swift preventive action.
Effective trademark monitoring protects your brand through:
Early detection of conflicting applications before they mature into registered rights,
Preservation of enforcement options by ensuring you act within statutory deadlines,
Market intelligence that reveals competitive activity and market trends,
Risk mitigation by preventing brand degradation through unauthorized, inferior-quality use of similar marks,
Cost optimization by enabling cheaper opposition procedures rather than costly invalidation litigation.
Ask us about our offer for your trademark monitoring! Please specify the trademark number and the territory where your trademark shall be monitored.
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