Watch service

Trade mark or domain watching is a service we provide in a specific country or worldwide to check for any applications for marks or domains that are the same as, or similar to yours.

As from 1st October 2007 watch services have become relevant to all trademark owners because the UK trademark registry practice was brought into line with that currently operated by OHIM with the result that trademark owners will be responsible for opposing applications that are similar to their own trademarks.

Why use a watch service?

The UK Intellectual Property Office (IPO) will continue to check applications, but will no longer raise objections on the basis that someone has prior rights in the mark. Instead it will simply notify applicants that their application is identical or similar to an existing registration, and leave it for them to decide whether to withdraw the application. If the application proceeds, the IPO will notify the owners of the identified prior rights who will then have an opportunity to oppose the application when it is advertised. UK registrants will automatically receive such notifications, but European CTM owners will only do so if they request it and pay the appropriate fee. But if you have a separate watch service you will receive earlier notification of an application that you may want to oppose.

We are able to offer a UK or CTM watch service for £85 plus VAT a year for one class per trademark, so as to notify you if anyone files an application for a similar mark to yours. Please ask us for an individual quote if you would like a watch service covering groups of countries, or ‘worldwide’.

In many countries the trade mark offices make no checks at all to see if a new application would conflict with older applications and registrations. It is up to owners of existing applications and registrations to watch for publication of conflicting later applications and object if appropriate.

Another reason for using a watch service is that in many countries the right to a trade mark is primarily given by registration rather than by being the first user. So if you are using an unregistered mark in such a country, a registration for that mark by a third party may well stop you from continuing to use the mark in that country. A watch would alert you to such a situation arising. So if you are not yet ready to register your mark, it would be advisable to at least check the trade mark register, and then use a watch service. (A watch will not tell you of already existing registrations which might conflict with yours).

Note that the Community Trade Mark system makes it possible for third parties to obtain trade mark registrations in the UK without going through the usual UK examination system.

For the first year of the watch service we offer a fixed price. At the end of that year, we review the searches made and the cost for subsequent years will depend on how many relevant marks were found in the first year. Please note that these costs are for the watching service itself. If any action needs to be taken as a result of the findings of the watch service, such as filing oppositions, then additional costs will be incurred. If you want to have an individual quote for a watch service please email us giving details of your trademark. We will be in touch.