
Watch Services
Trademark watching is a service we provide either in specific
countries or worldwide. A watch service is necessary as it falls on trademark owners themselves to police their marks by ensuring that others do not register trademarks that are similar to theirs. So, the watch service will identify applications for marks that you may want to consider opposing.
In many countries the trademark 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.
Why a watch service?
Another reason for using a watch service is that in many countries the right to a trademark 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.
Note that the Community Trade Mark system makes it possible for third parties to obtain trademark registrations with coverage in the UK without going through the usual UK examination system. Therefore, it is important if you have a UK trademark to get a CTM (European) watch service to ensure you are alerted if someone tries to file for a trademark through the European route. Similarly, if you hold a CTM "opt in" so that you receive notice of any applications to register UK marks that conflict with your registration.
Our offering
We are able to offer a UK or CTM watch service at competitive rates for the first year per trademark. Please ask us for an individual quote if you would like a watch service covering groups of countries, or ‘worldwide".
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.
It is really important to police your mark, so make sure you have a watch service in place. It can cost as little as £90 per year for us to watch the UK and CTM registers.
