Many trade mark owners and their agents do not monitor the trade mark database for
new applications for similar marks. It takes at least 15 weeks before the new application
is examined by the Trade Marks Office.
Even if the application is rejected, the applicant may continue to use the trade
mark for a number of years, without coming to the attention of the owner of the
earlier mark. As a result, the applicant may acquire a right to use the similar
trade marks through use over time . The new owner represents a source of confusion
for the public and a commercial threat to the original owner.
In order to avoid confusion and preserve the exclusive rights of the first owner, Visimark
allows a trade mark owner or agent to monitor the trade mark database, so that the
owner may require the applicant to cease and desist using the similar trade mark
at an early stage.
If you are a recognised agent with the Trade Marks Office and have been provided
an agent code, all of your client’s trade marks can be automatically uploaded to
your control panel. A set of default monitoring criteria will be applied to these
trade marks. The default monitoring criteria can be changed for each trade mark.
Visimark's systems tracks all new applications filed by you and automatically begins
monitoring the trade mark for conflicting applications.
New monitors can be added at any time on an ad hoc basis, for any search criteria.
The Visimark system can be used to monitor any new applications filed by a particular
company or individual, for example.