You’ve secured a registered trademark for your business—congrats. But what happens next? Many small business owners think the job is done after registration. In reality, protecting your trademark is an ongoing process, and that’s where a trademark monitoring service comes in.
This article explains what a trademark monitoring service is, how it helps protect your brand, and when it makes sense for small businesses to invest in one. We’ll also look at some real-world scenarios and how Harrigan IP can help you stay a step ahead of infringers.
What Is a Trademark Monitoring Service?
A trademark monitoring service scans newly filed trademark applications and other relevant sources to detect potential infringements on your brand. It alerts you if someone tries to register a mark that’s confusingly similar to yours—whether by name, logo, or overall brand identity.
Think of it like a security system for your trademark. Instead of waiting until a competitor causes real harm to your business, you get early warnings that let you take quick, cost-effective action.
Monitoring services typically cover:
- Weekly or monthly scanning of USPTO trademark filings
- Global trademark databases (for international monitoring)
- Industry-specific publications or domain names
- Marketplace and social media platforms (in some cases)
You can monitor trademarks yourself using tools like the USPTO’s trademark search system, but this can be time-consuming, easy to miss things, and impractical once your business scales. That’s why automated or attorney-driven services are often a better fit.
Why Monitoring Matters: The Risk of Infringement
Even with a registered trademark, it’s up to you—not the USPTO—to police your mark. The USPTO will not enforce your trademark rights or notify you if someone else tries to register a conflicting brand. If you miss that window, you could lose the chance to stop an infringing mark before it gains legal protection.
Hypothetical Example 1: Missed Opposition Window
You own the federal registration for the mark “BerryPure” for your organic smoothie line. Six months later, a beverage company files to register “BerryPur” for a new vitamin water. Without monitoring, you miss the 30-day opposition window after publication. Now the mark registers—and you’re stuck fighting an uphill battle to cancel it or file a costly infringement lawsuit.
Hypothetical Example 2: Gradual Brand Dilution
You run a boutique design studio called “Studio Nighthawk.” Over time, you notice other companies using names like “Nighthawk Creative,” “The Nighthawk Group,” and “Nighthawk Studio.” Without early enforcement, your once-distinctive brand becomes watered down. Even if you try to assert rights later, the damage may already be done.
What a Good Monitoring Service Includes
Not all monitoring services are created equal. At a minimum, look for one that includes:
- USPTO Application Monitoring: Alerts for newly filed marks that are phonetically, visually, or conceptually similar.
- Attorney Review: A real human (preferably an attorney) reviews the results to weed out irrelevant hits and identify true threats.
- Action Recommendations: If a threat is found, you should receive guidance on what to do next—whether it’s sending a cease and desist letter, filing a Notice of Opposition, or monitoring further.
Some high-end services also include international database scanning like the WIPO Global Brand Database, social media surveillance, and marketplace monitoring.
At Harrigan IP, our trademark monitoring service includes all of the above, tailored to the size and scope of your brand.
When Small Businesses Should Start Monitoring
If your trademark is already registered, you should be monitoring now.
But even before registration, monitoring can be helpful—especially if you’ve built a brand that’s gaining traction or if you’re in a crowded market where new filings pop up constantly.
Here are signs it’s time to start:
- You’ve recently registered your first federal trademark
- You’re expanding into new markets or launching new products
- You’ve received unsolicited emails from other companies with similar names
- You’ve had customers mention confusion between your brand and someone else’s
- You’ve seen knockoffs or suspiciously similar listings on Amazon, Etsy, or Instagram
Remember, once a similar trademark registers, it becomes significantly harder (and more expensive) to challenge it. Proactive monitoring can save you from reactive litigation.
What Happens If You Spot an Infringement?
Once your monitoring service flags a potentially infringing mark, your attorney will help you assess risk and decide next steps. These often include:
- Investigating Use: Is the other party actively using the mark in commerce?
- Sending a Cease and Desist Letter: A friendly (but firm) letter may resolve the issue quickly without litigation.
- Filing a TTAB Opposition: If the infringing application is still pending, you may be able to block it through a trademark opposition proceeding.
- Negotiating a Coexistence Agreement: In some cases, you can reach a peaceful resolution by defining boundaries.
- Federal Litigation: If the conflict escalates or the other party refuses to cooperate, a lawsuit may be necessary to protect your rights. Learn more about trademark infringement enforcement.
Real-World Scenario: A Cautionary Tale
Monster Energy is notorious for aggressive trademark enforcement. They’ve opposed hundreds of marks that use the word “Monster” or the letter “M” in stylized fonts, claiming likelihood of confusion. Some targets included beverage companies, video game developers, and even restaurants.
While some oppositions were criticized as overreaching, others successfully blocked registrations and discouraged competitors from encroaching on Monster’s brand territory. The takeaway? Trademark owners who monitor—and act—can build formidable brand strength over time.
Is Monitoring Worth the Cost?
For small businesses, cost is always a factor. So here’s a breakdown.
DIY monitoring is free but time-intensive and often unreliable. Automated monitoring tools typically cost anywhere from $100 to $250/month, depending on coverage.
At Harrigan IP, our attorney-led monitoring service includes all of the following at a fraction of the cost:
- Weekly USPTO monitoring
- Attorney review of potential conflicts
- Enforcement strategy consultations
- Discounted rates for cease and desist letters and oppositions
Compare that to the cost of defending a lawsuit, rebranding, or losing customer trust—and monitoring becomes a no-brainer.
Monitoring Famous or High-Value Trademarks
Some brands are especially vulnerable to imitation and dilution. If your mark is:
- Famous or widely recognized
- Licensed to others
- Associated with premium pricing
- Targeted by counterfeiters
…you have even more reason to be proactive. Read our article on famous trademarks and dilution to understand the added risks.
Conclusion: Don’t Let Infringement Catch You Off Guard
Your trademark is a valuable asset—but it’s only as strong as your willingness to protect it. A trademark monitoring service gives you the visibility and speed to respond to threats before they become full-blown legal battles.
If you’ve invested in building a brand, monitoring is one of the smartest next steps you can take.
Ready to Start Monitoring?
Contact Harrigan IP to discuss how our flat-fee monitoring packages can protect your brand:
https://harriganip.com/contact/
Or go straight to registration here:
https://harriganip.com/register-a-trademark/
Learn more about our related services:
Monitoring Services
Infringement & Enforcement
Register a Trademark
Read more blog articles:
Famous Trademarks & Dilution
Choosing a Strong Trademark
What Is a Trademark?
External Resources:
USPTO Trademark Monitoring
WIPO Global Brand Database
