Trademark Monitoring

We’ll keep an eye on your trademark so you can focus on your business

We actively monitor current applications with the U.S. Patent and Trademark Office and notify you of potentially infringing applications.

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$175 per year *

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Our 3-step process is fast and easy. Click here for a more detailed view of our Trademark Monitoring process.

Trademark Monitoring Process - Complete an Online Questionnaire to Get Started with Trademark Monitoring

1. Complete our trademark monitoring questionnaire

Customized Trademark Monitoring - Set Up a Customized Trademark Monitoring Query

2. We set up a customized trademark monitoring query

Trademark Monitoring Report - Receive a Detailed Trademark Monitoring Report Every Month

3. We send you a detailed monitoring report every month

Why should I monitor trademark applications?

Trademark owners are responsible for enforcing their own trademark rights, including the monitoring of others' use of marks that are similar to their own. The USPTO is responsible only for assessing applications and registering marks. And when the USPTO reviews other trademark applications, they may approve a mark that you believe is similar to your own. Monitoring your trademark gives you an opportunity to dispute the registration of another mark.

How do I contest someone else using or attempting to register a trademark similar to mine?

If our monitoring service alerts you of someone else filing a potentially infringing application, there are several ways to dispute that mark’s registration. Because each situation has unique facts, you should consider contacting an attorney, preferably one specializing in trademark law. Our Business Advantage Pro legal plan can put you in touch with an experienced attorney in this area.

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Trademark Monitoring

$175 / year*

Active monitoring

We actively monitor the USPTO database for potential conflicts

Personalized monitorings

Our monitoring strategy is designed to watch for potentially conflicting trademarks across multiple classes of goods and services specific to your trademark

Advanced discovery

We provide monitoring for deceptively similar trademarks, such as those that sound alike or differ in spelling by 1 or 2 letters.

Monthly reporting

We email you a detailed monitoring report each month (12 reports)

Ask away. We have answers.

Common questions

What does the USPTO consider a trademark conflict?
A conflict exists when one trademark is confusingly similar to another trademark already registered. The principal factors used to determine if there would be a chance of confusion include:
  • The similarity of the marks
  • The relationship between the products and/or services sold and/or offered under each mark
To be considered a conflict, two trademarks do not have to be identical to one another and the products ("goods") and/or services associated with the marks do not have to be the same. It may be enough that the trademarks are in some way similar and the products and/or services related in some way.

In some cases, trademarks that may seem similar can coexist if they are unlikely to confuse a consumer. For example, two trademarks that may seem similar can both be allowed if they are used for unrelated products or services, and are therefore unlikely to cause consumer confusion.
When and how can one party use another's trademark?
Some trademark owners assume no one else has a right to independently use the mark in any capacity whatsoever. This is not necessarily true. One can refer to a trademark for a legitimate, non-infringing purpose as long as no more of the trademark is being used than is necessary for this purpose. Generally, trademark laws merely control commercial use of the name.

Learn more about when the use of a trademark might not be considered infringement.
What are trademark classes?
The USPTO trademark classification system divides all goods and services into 45 trademark classes – 34 for goods and 11 for services. When you file your trademark application, you must select the class of goods or services that your trademark will protect, and you must also identify the goods or services you provide. Your trademark will only protect the goods, services and class that you name in your application.

Learn more about trademark classes.

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Weekends 7am-4pm PT

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