Introduction
A trade mark watching search is a check made at frequent intervals through all available official journals covering trade marks, looking for the publication of marks the same as, or similar to, your mark in the class or classes of goods or services which you specify, and also for marks identical to yours in other classes.

Why is it important to have a trade mark watching search?
There are several reasons:

• if a third party obtains registration of a mark similar to your own for similar goods or services, you may have difficulty in preventing him selling competing goods or services under that mark;
• in the UK and other countries where the trade mark office checks against existing applications and registrations, it sometimes happens that applications proceed to publication despite the existence of earlier rights. One example is an application in the UK proceeding in the face of an existing registration on the basis of "honest concurrent use". The watch should detect such applications;
• in many countries the trade mark office does not check to see if a new application would conflict with older applications and registrations. It is up to owners of existing applications and registrations to watch for publication of conflicting later applications and object if appropriate;
• in many countries the right to a trade mark is primarily given by registration rather than by being the first user. Thus if you are using a mark in a country without registration for the relevant goods or services, a registration for that mark by a third party may well stop you from continuing to use the mark in that country. A watch should alert you to such a situation arising, though of course it will not tell you of already existing registrations which might conflict;
• with the coming of the Community Trade Mark (CTM) system it is now even more important to maintain a watch. The CTM system makes it possible for third parties to obtain trade mark registrations in the UK without going through the usual UK examination system.

What happens when the watching search detects a relevant mark?
We will write to you with details of the mark and our comments on what action might be appropriate, based upon our knowledge of your trade mark position. A latest date for action will be given; usually decisions need to be taken quickly.

How much will it cost?
When a new watching search starts, we cannot predict how many relevant marks the watching search will find. Therefore, for the first year of the watching search, we have a fixed cost. At the end of that first year, we will review the watching search. The cost for subsequent years may then depend on how many relevant marks were found, and this may mean an increase or a decrease in the cost. In some cases, it may be preferable for the costs of the watching search to be determined by the number of relevant marks found. We will advise you further about this at the end of the first year.

For the first year, the cost of a "worldwide" watch in one class for one mark will be £195 (+VAT). It is possible to have a watch for one country or a group of countries, but there is obvious value in having the global picture, especially if it is intended to extend use of the mark overseas. However, the cost of a watch in the UK only (including CTM and international applications) is £100 (+VAT). This charge is billed at the start of the watching year.

Please note that the costs discussed above are for the watching search itself. If any action needs to be taken in respect of marks found by the watching search, such as filing oppositions, then additional costs will be incurred.