The following is an edited transcript of Chapter 16 of my book video Building a Bold Brand: Monitoring for Infringers
To maintain protection of a brand or a trademark, the owner must guard against unauthorized use or infringement. Doing nothing about a known infringement situation for a long period of time can lead to “laches,” a legal theory that could prevent you from later enforcing any rights you may have once had. Conversely, having documentation proving that you have vigorously pursued infringements can be used as evidence in future trademark disputes to demonstrate the strength of your brand.
Here are five excellent—and free!—resources for monitoring your brands:
- Google Alerts (https://www.google.com/alerts): Google will pull items from all over the web and email you results matching the guidelines you provide.
- Social Media search: These resources check for usernames containing your registered trademarks that are used on major social media and other websites:
- KnowEm (www.knowem.com)
- socialmention (www.socialmention.com)
- Scour the web: Search a variety of websites for variations of your trademark(s). Set a monthly or quarterly “reminder” in your task or calendar program to consistently monitor. A great website for searching multiple search engines is Window1 (www.window1.com).
- Industry search: Create a bookmark list containing several key online resources in your industry, such as news sites, publications, blogs, or organizations, with comprehensive and current coverage of the relevant industry. Search quarterly on those main sites for your trademark(s).
- United States Patent and Trademark Office (USPTO): USPTO records of registered and pending trademarks can be searched for free. Check quarterly for any new applications that might be infringements of your trademarks. Consider variations in spelling, sound, and spacing in your searching to capture names that may not be identical but that are very similar. See the USPTO’s Trademark Electronic Search Systems (TESS) at http://tmsearch.uspto.gov.
If you become aware of a possible infringement of your brand, unauthorized use, or cybersquatting, consult an attorney for options to address the matter.
For more about the value of trademark monitoring, visitor our webpage here.
