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Trade Mark Watch

Mancunium IP ® offers Trade Mark / Brand monitoring / watch services.
This is a strategic and cost effective way of ensuring that your Brands / Trade marks are used in an appropriate manner in the market place, and that other Traders in the marketplace do not take unfair advantage of or make use of your Brand / Trade mark in a way that causes confusion as to the origins of the goods bearing the Brands / Trade marks, or causes dilution or harm to your reputation / goodwill in that brand / mark.

In most industries, as the popularity and market penetration of a brand increases, the risk / likelihood of imitation also increases.

A good brand strategy should therefore ensure that not only are core Trade Marks filed for each brand so as to protect them in key markets, but also that risk is managed effectively, and / or mitigated appropriately. This includes where possible:-

  • -A functional and proactive licensing scheme aimed at putting right “possible wrongs”, at the earliest opportunity.

  • -Brand enforcement procedures that seeks redress in key markets where mediation or invitation to license has failed. This is important if an invitation to a settlement and non-contentious resolution, prior to legal action has been rejected by the infringer

  • -And comprehensive brand watches (in various languages, including for example Chinese), that monitoring competition and areas of interest for joint venture partnerships or commercial opportunities, infringement

The importance of Trade Mark / Brand monitoring is that your Trade Marks are subjected to a systematic and ongoing searching, which allows you to be in control and keep track of any legitimate and / illegitimate use of conflicting marks, in addition to use/ application for registrations made by competitors. This is important as any problems can be resolved early on. In Trade Mark monitoring, we take account of:-

  1. Trade Marks registers;
  2. Design Registers;
  3. Company Names;
  4. Domain Names and the web.
We know from previous experience that most Sole inventors and Small and medium sized enterprises do not usually have the capital / financial resources to commence full blown legal proceedings to enforce their trade marks rights, thus monitoring provides a cheaper alternative in that it ensures that the Trade Mark owner can make use of Oppositions/ Invalidity actions, Tribunals / Dispute resolution procedures before considering Infringement proceedings?

For further information email us here