 The aim of trade mark watching is to prevent the registration of new trade marks that are identical to or very similar to trade marks that may infringe a company’s existing trade marks, be they Common Law or registered trade marks.
We believe that an effective on-going trade mark watching service is an essential element of good trade mark management and should be recommended to all of your clients. It is simply not possible to rely upon the current examination systems of IP Australia (ATMO), let alone overseas Trade Mark Offices, to ensure that conflicting new trade marks are not accepted for registration.
Current figures in Australia indicate that less than 5% of applications are opposed. This in the main is probably due to the fact that the owners of existing trade mark registrations are simply not aware of the acceptance by the ATMO of potentially conflicting new trade marks. The Official Journal of Trade Marks, in which acceptance of new trade marks are advertised is not generally high on the reading list of most company executives.
Searchmark offers three (3) categories of BRANDWATCH™ watching service products which are designed to alert our law firm subscribers to potentially conflicting trade marks that have been recently lodged or accepted for registration. This personalised service will enable you the lawyer to report to your client to recommend an appropriate course of action which may include formal opposition proceedings.
The purpose of this product is to monitor the lodgement with the Australian Trade Mark Office of applications to register trade marks that could be considered as a. identical, b. similar or c. deceptively similar to the nominated trade mark. We will report details of possible conflicting applications to you so that you may take appropriate action before there is any substantial use of the conflicting mark.
This product involves a bi-monthly on-line search of the Australian Trade Marks Office Databank. We will provide you with a report that will list new trade mark applications lodged during the preceding two (2) months. Our report, which is the result of carefully selected search strategies, is designed to locate identical, similar or deceptively similar marks. Once we provide you with the bi-monthly report, which will list all located pertinent applications/marks, if any, you may order status reports for any entries that you consider worthy of further investigation. It may not be necessary to order further details. However, at least you have the reassurance that you will be forewarned of any possible infringements or conflicting marks.
This service will watch/monitor specific nominated pending Australian trade mark applications. The watch is based upon a specific serial number and is conducted on a monthly basis.
The purpose of the watch is to note and provide an early report of the acceptance of the nominated application(s) by the Trade Marks Office. A report, including an on-line progressive history status report, will be provided every month, irrespective of whether the status of the application has changed.
Under this service a specific trade mark (s) is nominated to be watched, with a view to locating possible conflicting marks that may be accepted for registration by the Australian and/ or overseas Trade Mark Offices.
This watch product will report similar conflicting marks in the designated primary class, as well as identical conflicting accepted marks in the primary and related classes. A report providing full details of the marks located will be provided in sufficient time to file a Notice of Opposition or to file an Extension of Time to consider opposition. A sample Watch Notice will be provided upon request. We recommend that, as the minimum, the most important and/or house marks should be covered by this service.
 We are aware that some of our law firm clients cover the cost of a watching service for a number of their valued major clients. This prudent action enables the law firm to highlight potentially conflicting trade marks which might otherwise not have been noted by their clients. Trade Mark watching is also an effective method of monitoring the trade mark activities of your clients’ competitors.
Contact us for details of our competitive subscription charges or to initiate a BRANDWATCH™ Trade Mark Watching Service. |
