Common Questions About Trademark Monitoring

• I have a registered trademark. Why should I monitor it?

  You are legally required to continually police your trademark or risk forfeiting your trademark rights. The USPTO, EUIPO, and other major trademark authorities strongly recommend ongoing monitoring of trademark applications. Monitoring is your responsibility alone. sources

  • Federal Trade Commission: Corrected Trial Brief, U.S. Federal Trade Commission, 2021 : Therefore, once acquired, trademark rights may be lost or weakened as a result of the trademark owner’s failure to enforce its marks. To protect from this loss, trademark owners are required to “police” their marks. Trademark owners are encouraged, for example, to regularly research third-party usage of their marks, or confusingly similar marks, and proactively review trademark registration applications.
  • European Commission: European Innovation Council and SMEs Executive Agency, Brand monitoring, Publications Office of the European Union, 2023 : You need to monitor your brand after registration! [ … ] Subscribe through trademark watch provider or your IP lawyer.
  • McCarthy, J. Thomas: McCarthy on Trademarks and Unfair Competition, 5th edition, Thomson Reuters, 2025 : The USPTO does not have the resources or mandate to prevent every potentially conflicting registration. That task falls to vigilant trademark owners.
  • U.S. Department of Commerce, Office of Inspector General, USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark Register: Final Report No. OIG-21-033-A, 11 August 2021 : USPTO lacks adequate controls to enforce the U.S. counsel rule. Inadequate enforcement undermines the effectiveness of the rule because bad-faith applicants can more easily circumvent its requirements.
  • U.S. Department of Commerce: United States Patent and Trademark Office, Trademark Litigation Tactics and Federal Government Services to Protect Trademarks and Prevent Counterfeiting, Report to Congress, April 2011 : In view of the potential harms that failure to police rights violations can cause to the public and the trademark owner, mark owners must be proactive in monitoring registration activity at the USPTO and marketplace uses to discover potential trademark violations.
  • EU Intellectual Property Office: Examination Guidelines for European Union Trade Marks, 2023 : Unlike absolute grounds for refusal, which are examined ex officio by the Office, relative grounds for refusal are inter partes proceedings based on likely conflict with earlier rights. Such relative grounds objections are not raised ex officio by the Office. The onus is therefore on the proprietor of the earlier right to be vigilant concerning the filing of EUTM applications by others that could clash with such earlier rights, and to oppose conflicting marks when necessary.
• I have an unregistered brand. Why should I monitor it?

  If someone else registers your brand as their trademark, they gain legal rights to demand you stop using it, pursue takedowns of your products, and block your business operations. Stopping them during the opposition period based on prior use is your only affordable defense. sources

  • U.S. Department of Commerce: United States Patent and Trademark Office, Trademark Registration Toolkit, 2020 : Federally registered trademark rights are nationwide. They provide broader protection and more powerful tools than the traditional rights you have with an unregistered trademark.
  • Amazon Sellers Attorney: Amazon Trademark Infringement Takedowns 2025 Guide for Sellers, 2025 : The minute counterfeit or confusingly branded goods appear, customer confidence dips—and so does Amazon’s share price. That’s why the platform uses aggressive, often automated trademark-enforcement tools.
• Won't the trademark office reject applications that conflict with my brand?

  Most trademark offices perform limited or no conflict checks. Many countries register applications based only on formal requirements. Even offices that examine applications cannot guarantee they will catch all conflicts and often miss even obvious ones.

  sources

  • McCarthy, J. Thomas: McCarthy on Trademarks and Unfair Competition, 5th edition, Thomson Reuters, 2025 : The USPTO does not have the resources or mandate to prevent every potentially conflicting registration. That task falls to vigilant trademark owners.
  • U.S. Department of Commerce, Office of Inspector General, USPTO Should Improve Controls over Examination of Trademark Filings to Enhance the Integrity of the Trademark Register: Final Report No. OIG-21-033-A, 11 August 2021 : USPTO lacks adequate controls to enforce the U.S. counsel rule. Inadequate enforcement undermines the effectiveness of the rule because bad-faith applicants can more easily circumvent its requirements.
  • EU Intellectual Property Office: Examination Guidelines for European Union Trade Marks, 2023 : Unlike absolute grounds for refusal, which are examined ex officio by the Office, relative grounds for refusal are inter partes proceedings based on likely conflict with earlier rights. Such relative grounds objections are not raised ex officio by the Office. The onus is therefore on the proprietor of the earlier right to be vigilant concerning the filing of EUTM applications by others that could clash with such earlier rights, and to oppose conflicting marks when necessary.
• I only operate locally. Why monitor trademarks filed in other countries?

  If you sell online or advertise on social networks, your brand crosses borders instantly. Someone can register your brand in countries where your customers see your ads or make purchases, blocking your growth and potentially demanding licensing fees or forcing platform takedowns.

• Can't I just deal with infringements when they appear?

  After a trademark registers, challenging it costs significantly more than opposing it during the application period. Legal battles typically cost tens of thousands compared to hundreds for timely opposition. sources

  • EU Intellectual Property Office: Trade marks, What is an opposition, 2025 : If someone owns an earlier right and they think that there is a conflict between your trade marks, they can oppose your application. To do this, they need to fill in an opposition form and pay a fee of €320. [ ... ] An opposition must be filed no later than 3 months after the publication of the trade mark application.
  • U.S. Department of Commerce: United States Patent and Trademark Office, Comments on the Report of the SCT Working Group on the International Registration of Marks, 17th Session, 26-30 March 2018 : Since we believe it is better to prevent acquisition of rights rather than to bestow rights only later to extinguish them, United States law requires the USPTO to provide an opportunity to qualified third parties to prevent the registration of a mark.
  • U.S. Department of Commerce: United States Patent and Trademark Office, Comments on the Report of the SCT Working Group on the International Registration of Marks, 17th Session, 26-30 March 2018 : There were over 6000 oppositions/cancellations filed last year—with only 162 final decisions by a three-judge panel issued. This is because the majority of the disputes are settled by agreement of the parties or loss of interest in the case by one of the parties.
• Isn't monitoring expensive and only for large companies?

  Professional monitoring has become affordable through AI technology. One prevented conflict saves far more than years of monitoring costs.

• What are the risks of not monitoring?

  Others can register similar trademarks that dilute your brand, create customer confusion, block market expansion, reduce company value during acquisitions, and lead to expensive legal disputes.

• How often should monitoring happen?

  Continuous monitoring ensures timely detection. New trademark applications are filed daily worldwide, and opposition deadlines are typically 30-90 days after publication.

• Can't I just search trademark databases myself?

  Manual searches miss sophisticated threats. Infringers use character substitutions, visual similarities, and phonetic variations across 22,000+ confusingly similar patterns that basic searches cannot detect.

• My brand is unique. Nobody would copy it.

  Over 25,000 trademark applications are filed daily worldwide. Both intentional infringers and honest conflicts occur regularly. Brand recognition makes you a target.

• I'm planning to register my trademark soon. Should I monitor before registration?

  Yes. Someone could file before you, blocking your registration. Early monitoring protects your brand regardless of registration status.

• How does IP Defender detect threats other systems miss?

  We strive for absolute excellence through relentless technological innovation, continuously advancing our AI watch agents to detect threats others miss. IP Defender deploys five specialized AI watch agents and eleven detection layers to analyze visual similarity, phonetic matches, and over 22,000 character manipulation patterns across more than 50 countries.