Trademark surveillance: a good strategy to implement

When your business starts to grow, protecting your trademark is no longer enough. It is becoming essential to monitor new deposits to anticipate risks, defend your rights and avoid unpleasant surprises. Here is why regular trademark monitoring is a strategic lever.

Be alerted in case of a problematic trademark filing

When a competitor or a third party registers a trademark that is too close to yours, it is rarely by chance. It may be an attempt at parasitism, or simply a misinformed choice. In any case, not reacting in time can cause you to lose rights.

Performing regular monitoring allows you to be immediately notified when a similar filing is made. So you can:

• Identify risky trademarks as soon as they are published.
• Assess if confusion is possible with your own trademark.
• Decide quickly if an objection is warranted.

Monitoring should not be limited to identical trademarks, but should include similar trademarks (including name variations), for the same or similar goods and services.

Act on time to file an objection

In France and Europe, you have two to three months from the publication of a filing to file an opposition. After this time, you lose this quick and economical way to defend yourself and have to go through a more complex and expensive legal procedure.

Monitoring makes it possible not to miss this period and to react in time. It also gives you the opportunity to:

• Contact the applicant for an amicable solution.
• Prepare a solid case before filing an opposition.

A well-written opposition is often sufficient to obtain the removal or modification of the opposing trademark, or at least to give every chance of success in protecting your trademark.

How to set up monitoring?

It is possible to organize regular monitoring by consulting:

• INPI data for trademarks registered in France.
• TMview for European and international brands.

These tools allow searches by keywords, goods and services classes, or owners. It is also possible to set up automated alerts.

In general, you should select “advanced search”, select trademarks registered during the previous few months, and specify the term to watch out for. TMview has the advantage of allowing an approximate search, and not simply being limited to identical trademarks.

Conclusion

It is important to think beyond the initial protection of your trademark. Filing surveillance is a simple and strategic reflex to anticipate conflicts, defend your rights and stay informed of your competitive environment.

If you want to set up an effective surveillance strategy, I can help you adapt this monitoring to your challenges. In particular, I offer services to carry out monthly monitoring of trademark portfolios.