Trademark Watching FAQs

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

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.

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.

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.