Apart from e-commerce, New York’s trademark monitoring needs also cater to the USPTO’s Official Gazette publication process. The ideal time to object to a conflicting mark is during the 30-day period that a trademark application has been approved for publication. The cost and procedural difficulty of opposing a published mark that has not yet registered is far less than that of filing a cancellation proceeding against a registered mark or litigating infringement in the Southern District. New York brands in crowded filing classes such as fashion, financial services, food and hospitality are faced with a steady stream of new applications in their classes. The only way to stay within the opposition window when a conflicting mark is filed is to actively monitor the USPTO’s new filings.

USTML’s trademark watch service for New York clients scans the USPTO’s new application database weekly for phonetic, visual and conceptual similarity to each client’s registered mark, monitors major New York commercial platforms and fashion industry directories, and delivers attorney-reviewed alerts with specific recommended responses. The service is especially useful for New York fashion brands, media companies and restaurant groups with brand names recognized enough in the market to attract imitators, but who may not have the bandwidth in their legal departments to monitor the USPTO on their own in addition to the demands of an active business.