6 Trade Mark Monitoring Tips to Protect Your Brand

In Short

• Trade mark monitoring helps protect your brand from infringement and reputational harm.
• Regularly check trade mark databases, domain names, and social media for similar or unauthorised use.
• Keep clear records, follow a schedule, and seek legal advice if you detect potential infringements.

Tips for Businesses

Make trade mark monitoring part of your regular business routine. Search IPONZ, review online activity, and document your findings. Take prompt action when issues arise and get legal guidance early. Consistent monitoring helps safeguard your brand’s value and reduces the risk of costly disputes.

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Table of Contents

• 1. Why is Monitoring Your Trade Mark Important?
• 2. Regularly Searches and Monitoring
• 2. Know Your Rights
• 3. Monitoring Across the Internet
• 4. Respond to Potential Infringements
• 5. Maintain a Schedule
• Key Takeaways
• Frequently Asked Questions

Most business owners think that once they register a trade mark, their brand is protected. Trade mark registration does give you the right to use your trade mark exclusively. However, this does not mean that another business will not use your trade mark. As such, trade mark monitoring is an essential practice for businesses with a trade mark portfolio. This article will take you through six trade mark monitoring tips for New Zealand businesses.

1. Why is Monitoring Your Trade Mark Important?

Trade marks are extremely valuable for businesses. A trade mark represents brand identity and reputation, which also leads to an increase in your brand’s value. Trade mark monitoring is a great way to protect your marks from infringement. Trade mark infringement likely arises when someone copies your trade mark or uses one similar to yours. 

Monitoring the market for instances where businesses use a trade mark that might confuse customers is important to:

• avoid diluting your brand image; and
• minimise any reputational damage and financial loss your business may face. 

Ultimately, the earlier you can identify and address any issues, the better.

2. Regularly Searches and Monitoring

Regular monitoring is the foundation of trade mark protection. Some essential tips for effective trade mark monitoring are outlined in the table below: 

2. Know Your Rights

You must understand your trade mark rights in order to enforce them. In New Zealand, trade mark rights are typically granted on a first-to-use basis. This means that the first party to use a trade mark in connection with specific goods or services has the primary claim. 

Some key tips for knowing your rights include:

• maintaining detailed records of when and how you first started using your trade mark if you need to defend your rights in case of disputes; 
• understanding the extent of your trade mark protection to prevent potential conflicts in different regions, i.e. trade marks registered with the IPONZ are only protected in New Zealand; and
• consulting experienced trade mark lawyers to help you understand the full scope of your trade mark rights.

3. Monitoring Across the Internet

Trade mark monitoring has become more complex in the age of the internet. This is because the landscape you must monitor has expanded exponentially.

You should regularly check domain name registrations to ensure that no one is using a domain name confusingly similar to your trade mark. Similarly, you should monitor all social media platforms for unauthorised use of your trade marks or the use of similar marks by competitors.  

4. Respond to Potential Infringements

Identifying potential infringements is only the first step in the trade mark monitoring process. It is also important to know how to respond effectively to such infringements.

First, you must thoroughly investigate when you discover a potential infringement. You must ensure that your rights have actually been violated. If they have, you should contact the offending party. They may be unaware of the infringement, in which case they may resolve the issue without the need for legal procedures.

However, you must explore legal options with your trade mark lawyer if the infringement continues. Your trade mark lawyer can advise you on the best pathway, such as:

• cease and desist letters;
• negotiation; or 
• taking legal action. 

5. Maintain a Schedule

You must create a monitoring schedule and follow it to monitor your trade marks effectively. For example, you may choose to perform trade mark reviews on a quarterly or annual basis. The time between reviews will depend on the nature and size of your business. However, a consistent schedule will ensure that you catch potential issues early.

You should also keep records of all: 

• monitoring activities;
• investigations; and 
• actions taken in response to infringements. 

Documentation may be critical if you need to prove your rights later.

Trade Mark Essentials in New Zealand

Our free Trade Mark Essentials in New Zealand guide explains how to register and defend your trade mark registration.

Download Now

Key Takeaways

Trade mark monitoring is an important practice for businesses with a trade mark portfolio. This is because being diligent about monitoring the use of your mark is essential to protect your brand identity. Some key tips for New Zealand businesses to effectively monitor their trade marks include:

• understanding the importance of trade mark monitoring
• conducting regular searches;
• knowing your rights;
• monitoring across the internet;
• responding to potential infringements; and
• maintaining a schedule.

If you need assistance monitoring your trade mark, our experienced trade mark lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0800 005 570 or visit our membership page.

Frequently Asked Questions