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Thread: How to Monitor Your Trademarks

  1. #1
    Join Date
    Feb 2013
    Location
    Littleton, CO
    Posts
    46

    How to Monitor Your Trademarks

    If you own a trademark registration (or even if you just own a common law trademark), I highly recommend putting into place a protocol for monitoring your marks. If you don't watch third-party use of a mark, you risk losing the ability to ask them to stop. Also, the earlier you bring your concerns about confusion to another person's attention, the easier it will be to persuade them to choose another name. I recommend at least:

    1. Regularly Search the USPTO's Trademark Electronic Search System - tmsearch.uspto.gov
    2. Regularly Search TTB's Public COLA Registry https://www.ttb.gov/labeling/cola-public-registry.shtml*
    3. Regularly Search Beer/Wine/Spirits Enthusiast Websites for products using your marks
    4. Set up a Google Alert for your marks - https://support.google.com/websearch.../4815696?hl=en

      * Note - even better than TTB's Public COLA registry is ShipCompliant's LabelVision search - https://portal.shipcompliant.com/Web/LabelVision/search


    I recommend doing such searches on a quarterly basis. You should become familiar with the search expanders each database allows so that your results are not limited to literally the exact same marks. For instance, you should take care to make sure a search for GOOSE also includes results for GEESE.

    Alternatively, you could or maybe should (depending on your situation) hire a trademark attorney to watch your marks for you. If the lawyer isn't keeping an eye on the items I've laid out above, you may want to ask them to add them to their search strategies. I myself provide monitoring services for clients on a flat fee basis. Give me a call if you want to see if/how I can help you.

    ---------------

    Daniel Christopherson of Brew.Law is a beer and trademark attorney at Christopherson Brew Law. He is an avid craft beer enthusiast who helps new and established breweries develop their business models, comply with the TTB and FDA, and protect their intellectual property.
    Last edited by Brew Law; 01-28-2019 at 12:00 PM.
    Dan Christopherson
    Christopherson Brew Law
    Littleton, CO 80128
    (720) 515-8773
    dan@brew.law
    brew.law

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