Below is John McKeown’s May 2016 Monthly IP Bulletin.
I would like to continue the discussion concerning developing effective brand management policies. This month I will discuss policing the marketplace.
Policing the Marketplace
Watch Services
If a brand owner owns registrations of the brand name in a number of countries, then reviewing the Trade-marks Journal or its equivalent in those countries may not be practical. Watch services can be used to provide this monitoring function. The watch service will notify the brand owner of potentially conflicting trade mark applications by sending a notice to the brand owner, who must then determine what steps should be taken.
The Internet raises a number of concerns. As a result, a policy should be developed concerning the monitoring and policing of the Internet.  Such monitoring should include the use of confusing domain names by cybersquatters, criticism or gripe sites, the use of confusing metatags and key words, linking and framing and other related activities. Typically third party services are used to provide monitoring services but this can be costly. In addition, the focus of the service needs to be selective.
Specific Investigations
A significant portion of market place investigation can be carried out by the brand owner through its own employees or agents. A brand manual or similar policy document should emphasize to employees the importance of monitoring the market place for activities which are potentially infringing and to ensure that such information is brought to the attention of a specific designated individual within the organization for action. A brand owner may periodically emphasize to employees the importance of carrying out such activities and, if appropriate, provide incentives for locating instances of potential infringement.
If it is determined that litigation will likely be initiated it is preferable to use the services of a professional investigator.
 International Trademark Association Annual Meeting
This year’s annual meeting will be held in Orlando in May. I will be attending from May 21-25 and look forward to seeing other individuals who are attending.
Click here to read the entire mailer.
These comments are of a general nature and not intended to provide legal advice as individual situations will differ and should be discussed with a lawyer.