So you or your business obtained federal registration for your trademark. You now have the exclusive right to use your trademark for the particular goods or services described in the registration. Most individuals and small businesses stop right there. However, how do you know if another company files an application for the registration of a similar trademark, which may cause confusion for the same goods or services you offer? The short answer is you won’t know until it’s too late.
A trademark watch is a useful tool for effective trademark protection. It allows the owner of the registered trademark to identify and act against infringement and misuse of the trademark in a timely manner. Watch services can be tailored to alert on potentially conflicting trademark applications that are filed or published for opposition in official gazettes throughout the world. For further protection, watch services can be tailored to watch state trademark filings or common law trademarks for potential infringement or misuse.
The results of the watch can be used to stop conflicts early, thereby possibly avoiding litigation. By taking this proactive approach, the owner of the registered trademark is in a better position to stop infringement without incurring the significant costs associated with preparing and filing a trademark infringement lawsuit. According to the American Intellectual Property Law Association, in 2013, the average cost of a trademark infringement lawsuit through trial was $375,000 with the amount in controversy less than $1 million dollars. With the amount in controversy more than $1 million but less than $25 million, the average cost of a trademark lawsuit through trial is $1.1 million.
Watch services provide another layer of protection to your intellectual property. An experienced trademark attorney can assist you or your business in tailoring the watch service to meet your desired protection level. The general rule is that if you do not protect your registered trademark, you could lose it. That is what happen to “aspirin.” Watch services allow you to spot potentially infringing trademarks before they become a greater issue to you and/or your business. The cost of a watch is substantially less than a trademark infringement lawsuit. These savings can be put to better use in the goods or services you or your business offers to the public.
. . .
John M. Burke is a trademark attorney who assists clients in selection, screening, registration, licensing and enforcement of trademarks and service marks. In addition to trademark prosecution and enforcement, John works with clients to identify, manage and license their intellectual property. Through Caseiro Burke’s Litigation Practice, John also provides intellectual property litigation service.
Caseiro Burke is an intellectual property law firm providing legal services to individuals and businesses around the world. We offer clients creative, cost-effective and reliable legal solutions in all intellectual property matters. Our dedication to the practice of intellectual property law provides our clients with the focus of attention necessary to establish, protect and commercialize their innovations. Whether you are a sole inventor looking for patent protection for your invention, a distillery protecting its brand or a manufacturing company asserting or defending a patent infringement claim, Caseiro Burke will work with you to achieve effective results.