TMDS Direct

The process of systematically detecting any potentially conflicting trademark application throughout the world, and reporting any marks found to the client so that they can take action.

Watching is very important for many reasons but above all:

1. Trademarks are vulnerable to abuse by third parties
2. Many Patent Offices don’t perform searches before registering a mark.
3. The list of what can be registered is expanding (not only words and images, but also 3-D marks, holograms, textures, smells, sounds can be registered)
4. Infringement can endanger the relationship between a company and its’ consumers and also result in loss of revenue and damage to goodwill

We subscribe to all IP official journals from all over the world (from Albania to Zimbabwe, and from Afghanistan to Zambia etc)

1. Journals are distributed between searchers/translators according to their languages skills
2. Our watchers/translators search the journals, translate important information and write reports/watch notices on potentially conflicting trademarks to clients
3. We make sure that journals are processed in order of priority to ensure plenty of time to file an opposition.

The frequency with which an individual client receives notices will vary. Watching is a continual process and watch notices are sent out on a daily basis, or on a weekly basis depending on the client’s preference. Clients could receive something every day, every week, every so often, or relatively infrequently. It depends entirely on what we find.

If you have any queries about the content of the notice, please email info@tmds.com or call +44 (0)20 7549 0660. Otherwise, if you wish to initiate legal proceedings against an application we have reported, please contact your legal advisor.

Images of device marks are entered into a database so that they can be visually compared with the device marks published in the journals. A written description of the device is also entered into watching system so that a report can be created where necessary. The same procedure is adopted for 3-D marks and colour marks. For smell marks we enter a description of smell and this is how they are published in the journal. We also have music specialists who are able to recognise any jingle/sound/musical mark found in the journals.

We subscribe to IP publications from all over the globe and receive them as soon as they are published. Many of these journals (around 75%) are published in a foreign language and script. TMDS’s language specialists review every aspect of the mark. This includes translation, transliteration, phonetic rendering as well as translation of goods and/or services, if required. We translate every language in the trademark world (from Armenian to Thai).

Each publication TMDS receives is processed by someone who understands the language in which it is published. If a mark is published in foreign characters, the searcher will both translate and transliterate the character mark and then compare it to our clients' marks, both in meaning and pronunciation. All other information, such as the goods and services and applicant name and address will also be given in English on the watch notice.

No, TMDS has automatically extended all European Union watches to include these countries without special instruction, and with no cost implications to our clients.

Clients are invoiced in advance for 12 months watching. We appreciate payment of the invoice within 30 days of receipt.

A renewal invitation will be sent out to you two months before the end of your subscription year, detailing the cost of renewing for a further year. If we do not hear from you before the end of the year, the next year's invoice will automatically be raised. Clients do not need to worry that we will cancel the subscription at the end of the year if we haven't heard from them.

No. In fact it costs the same as a word mark. And if your mark is a ‘combination’ mark (i.e. a word and device together), we do not charge separately for the device element of the mark

No, the cost is the same as watching a word mark. Furthermore, if colour forms an important part of a stylised word or device mark, the colour element can be watched as part of the standard service.

Clients can make changes at any time during the subscription year. Changes made during the year will be charged for on a pro-rata basis if applicable. Please note that if the number of marks is reduced during the year, we do not give refunds.

The initial selection of marks is made using our specially designed computer program. This is then reviewed by our experts who then make a final selection. This combination of sophisticated technology and human input ensures that only relevant notices are reported. We can also tailor the service to your specific needs should you wish to receive more / less notices or give emphasis to a certain type of infringement.

Yes. We can restrict a watch to any number / combination of countries of the client's choosing. That said, the worldwide watch is the best value for money and gives the client peace of mind to know they have complete protection.

In some cases, translation will be provided on the initial notice. If it is not provided and you would like to have a translation of goods/services please send us an email on info@tmds.com or fax on +44 (0)20 7549 0656 and you will get it shortly afterwards and free of charge.

TMDS Direct is a front-end portfolio management and electronic delivery interface that allows clients to review, edit and report on the marks being watched by TMDS. Additional functionality allows us to upload a client’s watch notices into the portfolio management tool in a table format (ideal for quick on-line review of notices) or a zipped word/pdf if the client prefers to download notices. The TMDS Direct tool can also be used as a standalone product to manage the portfolio whilst watch notices are delivered via other methods.

The delivery methods we can offer are:

1. TMDS Direct – table view (preferred by TMDS)
2. TMDS Direct – downloadable files (zipped word or PDF documents)
3. Email delivery – zipped word or PDF documents4) Post delivery

Any combination of the above

You can subscribe to TMDS Direct and the electronic delivery of watch notices at any time during your subscription period and without any extra cost. When sending instructions it is important that you are clear as to which delivery method you would like to have.

Please contact info@tmds.com

Subscribing to electronic delivery means no more paper and no waiting-times for post to be delivered. The letters will be promptly uploaded onto your TMDS Direct portal and you can deal with them whenever it suits you. You will also benefit from the format of electronically delivered letters.

Every time new notices are uploaded into your portal, we can notify you by email and you’ll be able to view them immediately.

Instead of our company headed paper you can have your own letterhead on the notices. You will need to provide us with a template of your letterhead or any other details you wish to see on your watch notice and we will change the watch notice to reflect this. Alternatively, we can generate watch notices with no header or footer.

TMDS also offers a variety of Internet Watching Services:

1. Domain name watch
2. Web content watch
3. Whois change watch
4. Web page change watch
5. Auction watch

Clients can access their reports through the web interface or receive them by e-mail with live links to Whois details and the website in question.