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Trademark Watching: Keep Time on Your Side
Issued: October 01 2013Hayden Delaney and Amanda Dominick explain the benefits of trademark watching, the often overlooked, highly effective yet inexpensive brand protection tool that keeps time on your side and ensures you are in the best position to strategically police and safeguard your brand.
Key points
• A reliable trademark watch service, tailored to the underlying brand and specific infringement concerns, is an essential part of any effective brand management and enforcement program.
• It is up to brand owners to proactively police and enforce their brand – in Australia, brand owners are not automatically notified when a third party files an application for an identical or similar trademark, so investment in a trademark watch service is imperative.
• A recent decision of the Australian Trade Marks Office emphasizes the importance of pre-filing trademark searching and how having a trademark watch service in place not only ensures you are informed of conflicting marks at the right time but, in a worst case scenario situation, can be the persuasive evidence you need to demonstrate an intention to get to “an informed position” (i.e. a position of knowledge from which you could have decided to oppose an application for a conflicting mark within the advertising period). |
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