The USPTO does not contact you.
When someone submits an application similar to your trademark, you won’t receive any notice by mail or email. Monitoring is essential to inform you about potential conflicts while the response window is still open.
If This Sounds Familiar…
You discovered the lookalike by accident. A client either sent you a screenshot or you came across an ad featuring a brand that used your name alongside someone else’s logo. By the time a conflict surfaces on its own, early resolution options are often no longer available: the chance to address the issue may have closed, the domain may have been renewed, or the listings may have multiplied significantly.
Monitoring can change this situation. You will learn about potential conflicts early, along with my recommendation on how to proceed.
What I Handle
I manage watch services at three levels, tailored to your operational needs.
Federal Watch: This service monitors new USPTO applications and newly published trademarks that are similar to yours, both in your specific classes and adjacent ones. When the USPTO publishes someone else’s application, a 30-day window opens for you to oppose it before it becomes a registered trademark. Once it is registered, your options become limited, and they narrow even further after five years. This watch alerts you to filings while the opposition window is still open.
Marketplace and Platform Watch: This service tracks domain names, social media handles, and marketplace listings associated with the platforms where you sell your products, as well as where counterfeits of brands similar to yours are likely to appear.
International Watch: For clients selling outside the U.S., I coordinate monitoring efforts abroad with associated legal counsel in the relevant countries. International Services [link]
Each alert includes a recommendation on how to proceed: ignore it, continue monitoring, request an extension of time to oppose, send a letter, or take enforcement action.
How It Works
Define the watch: Together, we establish the criteria (marks, classes, and territories) to monitor. If the watch is set too broadly, it becomes overwhelmed with irrelevant information. If set too narrowly, we risk missing important filings.
Monitoring: The watch operates continuously, and I review all the information it returns. Most alerts will not require any action, and you won’t see those.
Quarterly reports: You will receive a report every quarter detailing the alerts that require your decision. This report includes the specific mark, who filed it, and my recommendations. For any urgent matters with tight deadlines, I will inform you the same week I receive the information.
Decision-making: If an alert requires your attention, I will provide a quote for the necessary actions before proceeding. This could include an extension of time to oppose, a demand letter, an opposition before the Trademark Trial and Appeal Board (the USPTO tribunal that handles these disputes), or a domain complaint under the Uniform Domain-Name-Dispute-Resolution Policy. I will not take any action without your approval.
Fees
The federal watch is set at a flat annual fee of $395 per mark. This fee includes the watch itself, my review of all returned information, quarterly reports, and notifications of your maintenance deadlines. Trademark Maintenance & Renewal [link]
The marketplace and platform watch, as well as international watches, are priced separately based on their coverage. If a hit requires any action, I will provide a separate quote before beginning the work, ensuring you are never billed for work you did not approve.
What This Doesn’t Cover
Enforcement: The letter, opposition, and domain dispute complaint are each separate engagements, defined and priced individually. Monitoring will notify you when it’s time to consider these actions. Enforcement & Disputes. [link]
Counterfeits at the border: To stop infringing goods at U.S. Customs, you need to record your registration with Customs and Border Protection. This is a separate service. Customs Recordation [link]
Scope of monitoring: No monitoring system can cover the entire internet. However, a well-fitted system will identify where conflicts are most likely to arise for a brand like yours, and I will guide you on where to focus your attention.
Start Here
We start the monitoring process with a brief conversation about your assets, where you sell them, and the potential costs of any conflicts that may arise. Please complete the intake form, and I will follow up with recommendations on what to monitor and a quote.
If you prefer to manage your own monitoring, you can use “Watch It,” my self-guided watch template available on Selvedge [link]. It includes searches, logs, and an overview of the trade-offs involved.
FAQs
My mark is registered. Doesn’t the USPTO protect it?
1
Partially, but not actively. Examining attorneys sometimes refuse new applications that are too similar to registered marks. However, many applications still get published, and the USPTO does not notify anyone in either case. You have the right to object to potential conflicts. Monitoring is essential to know when you need to act.
When should monitoring start?
2
Monitoring should begin the day your mark becomes significant, which is typically the day you start using it. Conflicting applications can arise even before you receive a registration certificate, and the earliest conflicts are often the easiest and least expensive to address.
How is this different from a clearance search?
3
A clearance search provides a snapshot: it’s a one-time comprehensive review before you commit to a name. In contrast, monitoring is an ongoing process that regularly checks for potential conflicts associated with a mark you already own. A clearance search helps you decide whether to proceed with a name, while monitoring protects your established brand.
Can I run my own watch?
4
Yes, you can! I created a template called “Watch It,” available on Selvedge, that details how to conduct searches, maintain a log, and determine what matters. A self-run watch can track exact and near-exact usage. However, it may miss broader uses and require judgment on close calls, which a subscription service can provide. Start with the template and consider upgrading as your brand grows.
Does the subscription cover my renewal deadlines, too?
5
Yes, the subscription includes reminders for your renewal deadlines. The watch will notify you when your maintenance filings are due. However, the filings themselves and the related audit of use are separate services.
I only sell in the US. Do I need the international watch?
6
Not at this moment. The international watch is intended for brands with concrete plans to expand abroad. If international expansion is on your horizon, the first step should be to file for protection in those countries because most places grant marks to whoever files first, not to whoever uses the name first. Monitoring for international conflicts should come after securing protection in those countries.
Someone is already using my name. Is monitoring what I need?
7
No monitoring helps identify future conflicts. However, if someone is already using your name, you may need to take enforcement action, such as sending a cease-and-desist letter, filing a takedown request, or pursuing legal action. Please submit what you have found through the intake form, and I will guide you to the appropriate service.