Trademark monitoring

Trademark monitoring from Lund Elmer Sandager protects your brand by ensuring continuous monitoring in Danish and international registers and identifying potential infringements. You will also receive professional advice and support for handling infringements.

Trademark monitoring involves a thorough and continuous analysis of Danish and international registers to identify new applications or uses of similar trademarks that infringe on your rights.

We aim to detect potential conflicts early, enabling you to take swift action to protect your trademark, whether by filing objections or otherwise managing infringement risks before they impact your business.

Securing your trademark is essential to protecting your brand and avoiding serious financial and reputational consequences from infringements. With ongoing monitoring of your trademarks, you can proactively identify and address potential infringements before they escalate into larger issues.

When you have registered and thus protected your trademark, it is essential to keep an eye on whether competitors or other parties attempt to capitalize on your registered trademark. However, such monitoring can be an extensive and overwhelming task for you as a trademark owner, given the high number of applications filed daily across various jurisdictions.

Without regular monitoring, you risk others registering and using your trademark. This could result in challenges to the validity of your protection if you do not object.

In short, you should always ensure that no one registers trademarks that potentially infringe on your protected business mark. If you do not oppose applied trademarks that infringe on your exclusive rights, you risk the dilution of your trademark protection. In other words, doubt may arise regarding the validity of the trademark.

Trademark protection grants you, as the owner, exclusive rights to the elements that characterize your business mark. This means that, in principle, your competitors are not allowed to make commercial use of your protected business mark. However, it is essential to be aware that you are responsible for raising objections against others who attempt to infringe upon your exclusive rights.

Enforcing your trademark is therefore just as important as the registration itself. Whether you have protected your trademark through the Danish Patent and Trademark Office or with the EUIPO in the EU, registered trademarks are not automatically monitored. Trademark authorities also do not independently assess whether an applied-for trademark infringes on your protected trademark unless you file an objection during the so-called opposition period.

Trademark monitoring from LES

At Lund Elmer Sandager, we offer a tailored monitoring solution. Our monitoring is adapted to your company’s strategy and needs and can cover anything from a single trademark to your entire portfolio. We conduct the monitoring primarily within the jurisdiction where your trademark is protected, ensuring that we address all potentially infringing applications.

Our monitoring service involves continuously tracking incoming applications and assessing whether any results warrant a response, including filing objections to new registrations.

We provide trademark monitoring in specific countries, across the EU, the Nordic region, or globally, and deliver reports well in advance of the deadline to file objections against misuse.

Contact our trademark monitor and specialist

Initial inquiry: When you reach out regarding trademark monitoring, we will have a thorough discussion to map out your specific needs and expectations for the monitoring.
Setting up monitoring: We establish comprehensive monitoring for the relevant trademark(s), so we can continuously monitor and track any applications that may pose a risk to your rights.
Weekly reports: We prepare a weekly report that includes information about new applications similar to your trademarks. If we identify potential infringement risks, we will immediately inform you and discuss the relevant options.
Assessment of objection: In collaboration with you, we assess whether there are grounds to file an objection against the relevant application. The costs associated with filing the objection will be invoiced separately.

If you would like to learn more about the benefits of setting up a monitoring service and the specific options available to enforce your trademark, please contact Assistant Attorney Daniel Benjamin Pedersen.

The price for trademark monitoring depends on your specific needs and the number of trademarks. We offer a fixed annual price for monitoring a single trademark, regardless of where in the world the monitoring is conducted.

If you have multiple trademarks that are similar to each other, we offer a bundled solution at a favorable price, which is adjusted based on the number of trademarks, ensuring you only pay for the necessary protection.

If you would like to learn more about your options and prices, please contact Assistant Attorney Daniel Benjamin Pedersen.

FAQ about trademarks

A trademark is a legally protected identifier, which can be a word, logo, symbol, design, or a combination of these, used to identify and distinguish goods or services of one business from those of other businesses. Trademarks serve as a guarantee of quality and origin, and they grant the owner the right to prevent others from using a similar mark that could confuse consumers.

A registered trademark has official recognition and provides the owner with legal protection as well as exclusive rights to use it. An unregistered trademark can still enjoy protection under common law if it gains recognition among consumers, but the protection is weaker.

Owners of registered trademarks can more easily pursue legal action and seek compensation for infringement because they have stronger evidence. Owners of unregistered trademarks often need to provide documentation of use and recognition, which complicates the process.

If you have not set up trademark monitoring and discover an infringement of your trademark, you should:

Document the infringement: Gather evidence such as photos, screenshots, or samples of the infringing products.
Contact the infringing party: Consider sending a formal infringement notice to the party using your trademark, requesting that they cease their actions.
Seek legal advice: Consult a trademark attorney to assess your options for legal action or negotiation.
Consider legal action: If the infringing party does not respond or refuses to stop, you may need to consider legal action to protect your rights.

If you do not file an objection against an infringement of your trademark, you risk losing your rights to protect it. Failure to act may result in a third party continuing to use a similar trademark, which can harm your reputation, confuse consumers, and potentially reduce the value of your brand.

Additionally, a passive stance may give the impression that you accept the infringements, which could weaken your position in any future legal actions. Therefore, it is crucial to act quickly and effectively to protect your rights.

Should we monitor your trademarks?

Contact Daniel to learn more about how he can assist you.

As an assistant attorney in our Corporate Commercial team, Daniel advises clients on corporate matters, including intellectual property rights such as design protection, trademarks, and more.

Daniel Benjamin Pedersen

Assistant Attorney

Get help with registering your trademark

Do you need help and advice regarding trademark registrations? Our experts are ready to guide you through the entire process, from the initial assessment of your trademark's unique characteristics to submitting the application and following up on the registration status.

Trademark monitoring

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Trademark monitoring from LES

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FAQ about trademarks

What is a trademark?

What is the difference between a registered and an unregistered trademark?

What should you do if you discover an infringement of your trademark?

What happens if you do not object to an infringement?

Should we monitor your trademarks?

Daniel Benjamin Pedersen

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