Trademark Watch Service

The protection of the brand and the overall identity of a company or individual does not end with the registration of the trademark with the relevant office in whose territory the brand will operate. This is only the beginning, which represents a small part of the overall TM/logo protection.

What is trademark monitoring?

The need to protect intellectual property is growing given the evolving world around us and the multitude of products, goods and services on the market globally. Every company strives to be different, unique and to offer consumers a product that is inherently one of a kind. The product in question is distinguished by its form and appearance, and the means of protection is the registration of a trademark, which aims to clearly and precisely define the subject matter of protection as a first step. As a follow-up measure, the TM is monitored.

The monitoring is a monthly in-depth study and analysis of the bulletins and registers in the relevant offices where the trademark is registered. All the elements that make up the trademark are investigated in order to protect it as much as possible and to protect it from misuse. Each month a report is sent to the client summarizing all similar or identical marks to the already registered trademark, if any, so that the intellectual property owner has a clear picture of any illegal use of the TM by competitors, companies or individuals who have not made a thorough analysis when applying for their trademark. In addition to the analyses carried out, all kinds of other methods are used to detect unlawful use of the trademark for the sake of completeness, and it does not have to be applied for.

Защо е необходимо да правите мониторинг на търговската марка?

In recent years, there has been significant growth in TM registration filings globally. More and more individuals and entities are realizing the importance of IP protection. Given the huge number of applications filed, it is increasingly difficult for marks to be distinctive, unique and different in nature and therefore the degree of similarity between them is increasing.

Another important aspect to be taken into account is the illegal use of an already registered trademark which is well established on the market and is recognisable by the average consumer. It is the practice of competitors to take advantage of the reputation of a TM and create various imitations to deceive the consumer and derive a pecuniary advantage from it.

Полезни съвети при мониторинг

The best protective option is to start monitoring the TM as soon as it is registered so that the statutory time limits for filing an opposition to a similar or identical mark are not missed. TM is an asset that develops over the years and any unlawful use can lead to large losses.

An application for registration of a trademark may be filed by anyone without restriction. The offices have no requirement to monitor or verify whether or not the trademark in question is used by the applicant. Anyone may file an application identical or similar to an already registered trademark.

It is of utmost importance to start monitoring the brand after registration. Against any unauthorised use of a TM, there is a legal remedy by which the owner of the TM can defend himself and enforce his rights.

Why should you trust us?

KGK Law Firm's team has extensive experience and expertise in intellectual property. Our firm has been recognized for the second consecutive year as one of the top ten Intellectual Property law firms in Bulgaria by the prestigious global ranking - The Legal 500. Our tailored approach helps us to protect our clients' intellectual property in the most adequate way.

For more information or assistance in relation to the service, please do not hesitate to address your inquiries to us.