The Trademark Claims Service is a service offered by the Trademark Clearinghouse (TMCH). During the first 90 days of the general opening, alerts are sent to applicants wanting to register a name identical to the trademark registered with the TMCH including to the holders of the said trademark if the name could be registered.
The novelty lies in the service of sending notifications for post-registration to trademark holders, which will be expanded indefinitely whereas the pre-registration alerts directed to the applicant will only be active during the initial 90 day period.
This expansion of the service is an advantage for trademark holders as they will remain informed of the registration of names and may act accordingly even after the initial 90 day period. However the pre-registration alerts will be stopped, but this situation may be amended if the registrars are willing to cooperate in this matter.
This service is of particular interest to the extent that it enables monitoring – albeit limited- of trademarks registered with the TMCH. It is therefore perfectly suited to the defense of secondary trademarks which are not subject to extensive monitoring.
To be continued…