How Do You Defend Against Trademark Trolls

Trademark trolls are companies or individuals who preemptively apply to register a mark without intending to use it or conducting business using it. These marks are usually similar to already registered marks or ones projected to be used by brand owners across the world.

Trademarks are trolled with the aim of profiting from the actual owner of the mark. Due to such registrations, the actual owner is either disallowed to operate in a particular market or an already established business reputation gets damaged. Eventually, they are forced to negotiate with trolls for the acquisition of the trademark.

Protection of intellectual property is essential for every brand owner. While consulting trademark agents or lawyers is highly recommended, there are certain basic defensive strategies that should be kept in mind.

Secure an Early Filing Date

Trademark trolls usually benefit by filing for registration earlier than the brand owner. If brand owners claim an early filing date, the issue of trademark trolls can be prevented. Applications for trademarks should be filed promptly if you see a reasonable reason for proposed use in Canada. While doing so, file trademarks wherever possible. Secure rights in the markets where you plan to expand your business.

Claim Priority

In Canada, if an application is filed within six months of the earliest filed international application, then the applicant can claim priority to the earlier application. This means that the Trademarks Office will consider the filing date of the international application as the early filing date for your application. In an event where a troll has filed an application before you, claiming priority can be helpful as it allows you to gain precedence over the troll’s application. Trademark agents and lawyer in Edmonton can help you with this.

Review and Monitor Your Trademarks Portfolio

Constantly reviewing your trademark portfolio and policing registered marks should be a priority for brand owners. Timely reviews of the scope of goods and services covered by trademark registrations, as well as marks that are in use as unregistered marks, should be conducted. This allows you to promptly claim protection for missed features and the unregistered marks. Furthermore, you must constantly monitor the industry for any similar marks. This allows you to spot trademark trolls and prevent issues arising from them. Trademark owners are generally under the impression that the Trademark Office will police trademarks for them, this is not the case. It is up to each individual trademark owner to police their own marks.

Consult a Trademark Agent or Lawyer

Trademark trolls can be disastrous to businesses, especially small sized. Most trademark owners give into their demands and end up ruining their financial status. Trademark agents are well acquainted with the law and the surrounding issues. If you face a problem of trademark trolls, your first step should be to consult a trademark agent or lawyer in Edmonton. Their knowledge in the field can help you combat the situation and prevent them similar situations in the future.

If you want to know more or need help defending your trademark against trolls, connect with our professionals today.