Trade mark monitoring in Australia: what it is, why it matters, and how to set it up

Trademark monitoring helps you to become aware of and take action against potential trademark infringement as soon as possible.

It is an essential part of protecting your trademark after registration.

You can monitor your trade mark yourself, or use a trademark monitoring service.

Read on to understand the importance of trademark monitoring to prevent damage to your brand.

What is trademark monitoring?

Trademark monitoring is the process of continually checking trademark registers to ensure that no one else is using a mark that is identical or similar to yours, in connection to similar goods or services.

This primarily involves regularly completing a trademark search of relevant trademark registers to detect new trademark applications that may infringe your rights.

Proactive searching of trademark registers means that you will know if someone has applied to register a mark that is identical or similar to yours, in connection to relevant goods or services.

By actively monitoring your brand, you'll be aware of similar trademarks as soon as they are filed with the trademark office.

This will enable you to take steps as soon as possible to stop any problematic trademark applications and safeguard your brand, which in turn can reduce the need for legal action.

Other ways to protect your brand

Depending on your trade mark, the products or services you supply, and your sales channels, your broader brand protection strategy might also include regularly checking:

online marketplaces and social media platforms for counterfeit products or misuse of your brand name
registering your brand on online marketplaces (such as Amazon's brand registry or eBay's Verified Rights Owner Program)
business or company name registers for any registrations that are similar to your trade mark
search engine results for your brand's keywords
domain name searches to check if any similar domains have been registered

What is a trademark watch service?

'Trademark watch service' and 'trademark monitoring' are generally interchangeable terms.

You 'watch' the register for new trademark applications.

The purpose of trademark monitoring

Trademark monitoring helps protect your registered trademark.

It's a common misconception among brand owners that owning a trademark registration is all you need to prevent infringement.

While owning a registered trademark grants you the right to stop other people from infringing your brand, it doesn't prevent your brand from being infringed.

It's a trade mark owner's responsibility to enforce their rights. Generally the sooner you take action, the easier it is to stop an infringer.

An effective trademark watching strategy will notify the owner of potential infringement as soon as it is identified.

The aim of monitoring is to identify potential infringement that could confuse consumers or reduce your brand's unique identity and value through trademark dilution (i.e. another trader using a brand that is identical or similar to yours in the marketplace).

By promptly identifying infringement, you can take the necessary legal steps to protect your rights, including sending cease and desist letters, filing oppositions to applications or initiating legal proceedings if necessary.

To learn more read our guide on infringement.

Why you need trademark monitoring

Your registered trademark is a valuable asset

A trade mark is more than just a logo or a name; it's the public persona of your business.

Your trade mark represents the quality of your goods and services and it distinguishes your goods and services from those of your competitors in the market.

Trade marks act as a signal of your reputation, contribute to brand identity and can influence the purchasing decisions of your customers.

Through consistent use and customer engagement, your trade mark can increase in value and become a valuable asset that drives competitive advantage and long-term profitability.

Infringement can harm your business

Infringement is the unauthorised use of a trademark that is deceptively similar, or substantially identical to a registered mark. Infringement can significantly harm your business in several ways.

It can dilute your brand's uniqueness in the market. It can lead to customer confusion, reputation damage and loss of revenue when a customer purchases an inferior product or service mistakenly associating it with your products or services.

It's important to monitor your trademark to make sure that you become aware of potential infringement as soon as possible.

Infringement can be a costly and time consuming problem, leading to increased legal complication and expense the longer it goes unaddressed.

If you fail to stop the infringement, there are several potential consequences:

your exclusive trademark rights can be diluted
the infringement can cause confusion among your customers
it can damage your reputation
it can lessen your market share

Read our guide to learn more about the risk of trademark infringement and the damage it can do to your business.

Benefits of a trademark monitoring service

Monitoring your trademarks offers both protection and strategic advantages for your business.

The most effective trademark monitoring strategy is to put in place trademark monitoring software that automatically searches the trade mark registers for you.

The main benefit of using trade mark monitoring software is that it allows you to set and forget your monitoring strategy.

Other benefits include the fact that it:

helps protect your business against trademark infringement
helps reinforce the legal protection of your brand
provides market insights
helps ensure your brand remains unique and distinctive
can help you expand internationally

1. Helps protect your business against trademark infringement

Monitoring software acts as an early warning system for infringement, enabling you to catch any potentially infringing applications before they are registered.

Once a mark is registered, the owner of that registration is able to use their mark in relation to the goods and services set out in the registration, irrespective of the similarities between their mark and yours.

By actively watching the register, you ensure that no one can register a mark that is identical or too similar to yours without you knowing about it.

If you don't monitor the register, you might only find out about the infringement after it's too late.

Having a monitoring service in place empowers you to take early and appropriate action.

Addressing infringement early often results in more straightforward, less costly resolution methods and often removes the need to resort to litigation.

2. Helps reinforce the legal protection of your brand

Consistent trademark monitoring reinforces the legal protection of your brand.

Demonstrating active and ongoing enforcement of your intellectual property rights can strengthen your position in potential legal disputes or infringement cases.

It underscores your commitment to protecting your intellectual property and defending your rights, which can deter potential infringers.

3. Provides market insights

By setting up a service to watch the register, you can identify new market entrants early, which offers insights into competitive trends and emerging threats.

This information is invaluable for strategic planning, allowing businesses to adapt and respond proactively to maintain a competitive edge.

4. Helps ensure your brand remains unique and distinctive

By watching registers for identical or similar marks, you're empowered with the knowledge and ability to take action against any infringing applications.

Taking action ensures your trademark remains unique and distinctive and protects the integrity and value of your brand.

Regular monitoring of your brand isn't just a protective measure; it's a strategic move that ensures the preservation of your unique reputation and that your mark continues to serve as a symbol of quality and origin for the goods or services it represents.

This, in turn, can drive long-term growth and reinforce your position in the market.

5. Can help you expand internationally

If you have plans to expand your business internationally, monitoring is essential to protect your rights worldwide.

An international trademark monitoring service can help you identify potential conflicts or infringements in target markets, ensuring that your brand remains protected as you expand overseas.

How much does trade mark monitoring cost?

The cost of a trade mark monitoring service depends on the number of marks you want to watch and the countries you need to cover.

Service	Cost (ex GST)
Australian trade mark monitoring	$1,500 per year ($125/month) per trade mark
International trade mark monitoring	$3,000 per year ($250/month) per trade mark

These prices include expert review of every result, so you're only notified when there is a genuine risk to your brand. Many watching services simply forward raw results, leaving you to work out what matters. Our service filters the noise so you can focus on running your business.

If you have multiple trade marks or need a tailored monitoring strategy, get in touch for a quote.

How to set up a trade mark monitoring plan

Setting up an effective monitoring plan involves a few key decisions:

Which marks to monitor — prioritise your most valuable or most at-risk trade marks first.
Which registers to watch — at a minimum, monitor the Australian register. If you trade internationally or plan to, add those countries too.
Which goods and services to track — monitoring should cover the classes relevant to your registration, but also adjacent classes where confusion could arise.
How often to review — with weekly monitoring, results should be reviewed regularly so you can act within opposition deadlines.

A trade mark lawyer can help you design a monitoring strategy that fits your business and budget.

At Markster, we scan the registers weekly and our lawyers review every result before it reaches you, so you never miss a mark and you never waste time on false alarms.

Ready to protect your brand? Set up trade mark monitoring today.

Need help with your monitoring strategy?

If you want to set up a service to monitor your brand or have a trade mark issue, contact us today.

Please note, the information in this article is general in nature and is not legal advice. You should seek independent legal advice tailored to you and your circumstances.