John B.


Lawrence E. Laubscher, Jr.


Ian D. Titley

Key Takeaways


  • Preserve Your Mark Strength.
  • If you don’t monitor for infringements of your mark and promptly take action to stop them, your mark almost certainly will weaken (your mark turf will shrink) and your mark may die.
  • Strong Marks Build Your Business’s Value.
  • Your marks can be your most valuable assets in an exit strategy (e.g., sale of the business) or in franchising. Thus, preserving mark strength builds business value.
  • Strong Marks Help Your Sales.
  • Keeping your marks free of infringing encroachment helps to maintain your distinctiveness in the marketplace, which distinctiveness can translate into stronger sales.
  • Budget Time and Money for Monitoring and Policing.
  • You need to commit effort to, and to budget money for, mark monitoring and policing. Failure to consistently monitor and police is one of the most common (and most painful) mark mistakes we see.
  • Do-it-Yourself Monitoring?
  • You can do some infringement monitoring on your own. While you probably will miss important things, it’s better than doing nothing. Yet, you should use a professional watching service combined with experienced trademark counsel to conduct effective and timely watching.
  • Police Infringers ASAP!
  • If and when you find someone infringing on your mark turf, take action immediately. Sitting on a known infringement for even several weeks in some circumstances can preclude you from stopping that infringement. Worse yet, the existence of that infringement may make it difficult or impossible to stop others in the future from committing similar infringements.