What is Trademark Monitoring and Policing?

Think about it this way:

Your trademark is like a new commercial property you have constructed. Trademark monitoring and policing is the regular maintenance of that building and the security service to protect it against intruders and vandals.

In a nutshell, trademark monitoring is constantly scanning the horizon for infringements of your trademark. Trademark policing is taking prompt action to stop any infringements.

Here is how we usually perform this service for our clients:

  • We Start Immediately.
  • You should begin mark monitoring as soon as you decide to adopt your mark. You should do this as soon as you complete mark clearance research, which normally is when you file one or more mark registration applications. Don’t wait until you have an issued mark registration or until you have begun sales. But, that said, it’s better to start watching and policing late than to not do it at all.
  • Step 1 – We Determine Your Mark Turf. We determine the scope of your mark turf. We recommend doing so immediately after you complete mark clearance research and commit to a mark.
  • Step 2 – Watching. We order a full-mark watching service from a watching-service provider. We supplement this watching service with our internally developed processes and protocols, which find many infringements not found by any watching-service provider, and which find many infringements earlier than other sources. We have developed and honed these processes and treat them as a firm trade secret. We review these watching results monthly to look for targets entering your mark turf.
  • Step 3 – Policing. When targets crop up that are within your mark turf, we consult with you about appropriate policing action and then take action immediately. After a while, out clients generally have us take policing action without consulting regarding each new target. We just take care of it so you can focus on running your business.
  • Step 4 – Tracking and Docketing Targets and Potential Targets. We build and maintain a docket of various kinds of targets. This organizes your ongoing watching and policing program. We stay on top of regularly monitoring and policing all targets so you don’t have to worry about that.
  • What Will Professional Monitoring and Policing Cost?
  • How much professional monitoring will cost will depend upon your particular mark situation. It often depends on how well you did in picking a strong mark with a clear zone around it. If we rarely find targets that come within your mark turf, your annual legal fees cost above the cost of the monitoring service may be fairly low. On the other hand, if, due to the nature of your mark, we regularly detect a significant number of targets that need addressing, the annual legal fees expenditure for monitoring and policing could be substantial. We are happy to talk about this issue quantitatively with prospective clients.
  • We offer flat legal fees for doing a baseline assessment of your mark situation and for doing monthly monitoring and policing. We make this expense predictable for budgeting purposes.