The increasing risk of trademark infringement poses a serious challenge to businesses in the Philippines. One way of protecting your brand from it is through registration, but registering your mark is only the first step to protection. Continuous trademark monitoring is vital to preserving a company's reputation in the long run.
This guide explores the ways to monitor trademarks effectively to mitigate risks and ensure your business thrives in a competitive market.
Why You Need to Monitor Your Trademark
In 2023, the Intellectual Property Office of the Philippines (IPOPHL) published an article on streamlining monitoring through a case tracking system. The IPOPHL introduced a new central database platform to enhance the National Committee on Intellectual Property Rights (NCIPR) ability to efficiently utilize data and accelerate efforts to combat counterfeiting and piracy. This highlights the importance of monitoring to combat trademark risks.
Additionally, trademark monitoring is important to detect potential trademark infringements and adapt to market dynamics by identifying the evolving trends in the future.
3 Ways to Monitor Trademark
Your brand's reputation is essential. Proper monitoring protects your trademark from being linked to counterfeit goods or pirated products, preserving your image of quality and consumer trust. Here are the ways on how to monitor your trademark:
1. Utilize trademark search tools
Conducting a trademark search not only ensures that your mark is distinct, it also gives you a monitoring prerogative. Through conducting a search, you set your business apart with trademarks and explore a searchable trademark database. You can perform the search on your own through the IPOPHL.
2. Establish a tracking platform for your brand
Aside from conducting trademark searches for early detection of infringing marks, you may also establish a tracking system that monitors the performance of your trademark’s reputation. In Lego v. Lepin, Lego discovered that Chinese company Lepin was replicating its products. Through trademark monitoring, Lego was able to detect the acts of Lepin, and eventually won the lawsuit. Without trademark monitoring, Lepin could have caused brand confusion and revenue loss.
3. Seek professional expertise
Trademark monitoring can be a complex process that warrants technical expertise by an accredited trademark lawyer. If you are unsure of how to start your monitoring process, hire an accredited trademark lawyer to help you out.
It is worth noting that the Intellectual Property Code of the Philippines requires trademark registration to be periodically renewed. Monitoring helps confirm the trademark is in use and has not become generic, which could result in its cancellation.1 An accredited trademark lawyer can offer the necessary skills to help you.
Conclusion
Protecting your brand is an ongoing commitment. Proactive monitoring not only prevents infringement but also strengthens your brand’s reputation. Taking these measures ensures that your brand remains a valuable and protected asset for long-term success.
Want to start monitoring your trademark? Book a consultation with a trademark attorney. You may also email us at admin@pinollaw.com.
1 Intellectual Property Code of the Philippines, Section 146
