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Policing a trademark: Why it matters and how to do it effectively

Jun 7, 2024 | Copyright & Trademark Litigation and Applications

Once you’ve secured and registered a trademark for your business, your responsibility does not end there. You must monitor the market for any unauthorized use of your trademark by third parties to protect your business interests. This is what policing a trademark is all about.

Trademark policing is important for several reasons. One, it maintains brand exclusivity by distinguishing your products or services from other players in the market. Two, it helps prevent consumer confusion that could harm your brand’s reputation and customer trust. 

Policing your trademark also protects your intellectual property rights by showing you took the necessary steps to prevent an infringement. Failure to take such proactive measures may cause complications when enforcing your trademark.

How to effectively police your trademark

To effectively monitor the market for potential trademark violations, you first need to ensure your registration paperwork is in order. This provides a legal basis for enforcement and makes it easier to track infringements.

Next, you need to monitor the marketplace regularly for trademark violations. This includes checking online platforms, competitors, industry publications and even reviewing new trademark submissions. You may use automated services or professional trademark monitors to assist in this ongoing task.

Take swift and informed action

Should you identify any trademark infringements, taking fast and decisive steps to address them can mitigate the damage to your business. The first step is often to send a cease and desist letter demanding the infringing party to stop using your trademark. 

If the issue persists, you may consider taking legal action against the infringing party to safeguard your business interests. Seeking legal guidance can help you understand your obligations as a trademark owner and the options available to address an infringement.