Protecting your trademark is very important, since a brand name should be as unique and distinctive as the quality and corporate values of your business. A registered trademark, representing an accountable asset, is obtained by filing a trademark application for the selected sign with a Patent and Trademark Office that comes to registration. From the time of its registration, a brand name must not be used from competitors in identical or similar form in the specified classes and countries. During the first five years after registration, there is even no mandatory use of the brand name. Only after the expiry of a period of five years from the registration date, the trademark proprietor should prove the use of his brand name – otherwise a cancellation of the registration because of non-use may be applied from third parties. Unlike a patent, for example, a trademark is renewable without limitation, provided that the renewal fee has been paid every ten years.
Stock brands are a considerable solution if an ad-hoc trademark is required
If a project is particularly time-critical and a registered trademark is urgently required, we also offer, along with the individual brand name development, the service of intermediation and sale of already registered stock brand names and stock domain names. With that service, called „IP-Stock“, we make use of the extensive portfolio of already registered and unused stock brand names and stock domain names of our numerous clients. It mostly contains trademarks which have been comprehensively researched and registered, often along with the according domain names. Resorting to the existing portfolio of such registered trademarks offers a considerable time advantage and avoids possible opposition proceedings during the trademark registration period. In addition, the risk of unavailability of according domain names or uncertainty about a successful name creation procedure can be eliminated in advance.
The importance of monitoring registered trademarks
From the date of registration, a trademark should be subject to a regular monitoring and, if necessary, an active defense. When examining a sign for trademark application, Patent and Trademark Offices generally do not check whether there is a risk for existing registered trademarks. For that, a regular brand monitoring should be carried out. On request, innomark can perform a continuous brand monitoring of your registered trademarks with regard to possible conflicting, younger rights. Brand monitoring will reveal possible similar third party rights that have been applied for registration after the registration date of your trademarks. This gives you the option to react within the legal opposition period, without the need of expensive and time-consuming legal proceedings. By an official initiation of opposition and cancellation proceedings, brand conflicts can be avoided in a more cost-effective and quick way, and your trademark rights will not be diluted by a multitude of similar, younger rights.