Once it has been decided to seek a trademark registration a trademark owner needs to consider what is taking place in the marketplace to ensure that its rights are not being infringed by third parties and are being maintained. This means that all employees must be on the lookout on a continuing basis for cases of infringement. Consideration should also be given to obtaining the assistance of professional watch service companies, to monitor applications for trademarks filed by third parties and to look for infringement in the marketplace, particularly on the Internet.

If infringement is occurring demands should be made and proceedings can be brought to assert the owner's rights under Trademarks Act. Third party applications for marks that are potentially confusing with the trademark owner's mark can be opposed. If the trademark owner fails to assert it's rights, the distinctiveness of the owner's mark may be put at risk.

As the protection of trademarks is territorial, when a brand name is used in other countries separate coordinated protection measures must be implemented in each country.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.