Key points

• A reliable trademark watch service, tailored to the underlying brand and specific infringement concerns, is an essential part of any effective brand management and enforcement program.

• It is up to brand owners to proactively police and enforce their brand – in Australia, brand owners are not automatically notified when a third party files an application for an identical or similar trademark, so investment in a trademark watch service is imperative.

• A recent decision of the Australian Trade Marks Office emphasizes the importance of pre-filing trademark searching and how having a trademark watch service in place not only ensures you are informed of conflicting marks at the right time but, in a worst case scenario situation, can be the persuasive evidence you need to demonstrate an intention to get to “an informed position” (i.e. a position of knowledge from which you could have decided to oppose an application for a conflicting mark within the advertising period).