TRADEMARK MONITOR

You've Registered Your Trademark. Now Protect It.

Getting your trademark registered is a major milestone. You've secured legal ownership of your brand and spent time and money securing it. You have exclusive rights across Australia.  But here's what most business owners don't realise:

• Registration is the beginning. 
• Protection requires ongoing surveillance.

 Every week, new trademark applications are filed. New businesses launch. New competitors enter your market. New domains are registered. New marketplace sellers appear.

If someone infringes your trademark and you don't catch it early, by the time you notice:

• They've built a whole business using your brand
• Customers are confused about who's who
• You're losing sales you don't even know about
• Stopping them is 10x more expensive and complicated

 Trademark monitoring catches infringement when it's still easy and cheap to stop.

What Is Trademark Monitoring?

Trademark monitoring is ongoing surveillance of:

• New trademark applications filed with IP Australia
• Domain registrations using your brand name
• Marketplace listings (eBay, Amazon, Facebook) using your brand
• Social media accounts impersonating your brand
• Google search results for unauthorised use of your brand
• International trademark filings that could conflict with your expansion plans

 The goal: Catch potential infringement early—within days or weeks, not months or years.

What Trademark Counsel's Monitoring Includes

We offer two levels of ongoing trademark monitoring:

1. Essential Package

Best for: Small businesses with straightforward trademark protection needs who want professional eyes on their brand without extensive monitoring.

What's included:

✓ Quarterly Australian Trademark Watch

• Monitor all new trademark applications filed with IP Australia
• Flag any marks similar to yours in your registered classes
• Traffic light system: 🟢 All clear / 🟡 Watch / 🔴 Action needed

✓ Quarterly Domain Monitoring

• Check for new registrations of your brand name + common variations
• Monitor: .com.au, .com, .net.au at minimum
• Alert if someone registers your brand as a domain

✓ Quarterly Protection Report

• 1-page PDF dashboard delivered via email
• Shows: trademark applications reviewed, domains checked, any alerts
• Even if "all clear"—you see we're watching

✓ Basic Enforcement Support

• 1 free cease & desist letter per year (if needed)
• Email/phone support for infringement questions
• Guidance on next steps if infringement is detected

✓ Renewal Management

• Track your 10-year trademark renewal date
• Send reminders at 18, 12, and 6 months before expiration
• Handle renewal filing (you pay government fees)

✓ Annual Strategy Call (15 minutes)

• Quick check-in on brand protection
• Recommendations for expansion (new classes, countries)
• Answer any questions

Monthly touchpoints:

• Automated email report (1st of each month)
• Any action items highlighted
• As-needed alerts if threats detected

 (Can be cancelled anytime with 30 days notice)

2. Premium Package 

Best for: Growing businesses in competitive industries who need comprehensive protection across all channels and want hands-on support.

Everything in Essential PLUS:

✓ Monthly Australian Trademark Watch (vs. monthly)

• More frequent monitoring = earlier detection
• Weekly alerts instead of monthly

✓ International Trademark Watch

• Monitor trademark applications in US, UK, and EU
• Critical if you're planning international expansion or selling online globally
• Catch international conflicts before they block your growth

✓ Comprehensive Domain Monitoring

• All TLDs (.com.au, .com, .net.au, .org, .io, .co, etc.)
• Misspelling variations (e.g., "coastalhomewares" vs. "coastal-homewares")
• Hyphenated versions and common typosquatting patterns

✓ Marketplace & Social Media Monitoring

• Monthly scan of:
• eBay Australia (listings using your brand)
• Amazon Australia (unauthorized sellers)
• Facebook Marketplace (counterfeit products)
• Instagram handles (your brand + variations)
• Google My Business (businesses using your name)

✓ Google Brand Monitoring

• Monthly Google search for your brand + "Australia"
• Flag if competitors are bidding on your brand in Google Ads
• Monitor for negative listings, fake reviews, or unauthorized use

✓ Enhanced Enforcement Support

• 3 free cease & desist letters per year (vs. 1)
• 2 free takedown notices for marketplaces/social media
• Priority response (same day for urgent matters)
• More hands-on guidance through enforcement process

✓ Trademark Use Documentation Service

• Quarterly: You send examples of how you're using your trademark
• Emma stores and organizes this evidence
• Critical for renewal and defending against non-use challenges
• Organized evidence package provided annually

✓ Quarterly Strategy Sessions (30 minutes)

• Video call with Emma (vs. 15-min annual call)
• Review protection status in detail
• Discuss business growth and IP strategy
• Proactive recommendations for expansion

✓ Brand Protection Consulting

• Advice on proper trademark usage in marketing
• Review marketing materials for compliance
• Guidance on licensing/franchising
• International expansion planning

Monthly touchpoints:

• Detailed monitoring report (2-3 pages) delivered 1st of each month
• Shows all channels monitored with screenshots of any concerning findings
• Action recommendations clearly outlined
• Quarterly 30-minute video strategy sessions
• Same-day response to urgent matters

(Can be cancelled anytime with 30 days notice)

Essential vs. Premium: Quick Comparison

Australian trademark watch	✓ Monthly	✓ Weekly
International trademark watch	✗	✓ US, UK, EU
Domain monitoring	✓ Basic (.com.au, .com, .net.au)	✓ Comprehensive (all TLDs + variations)
Marketplace monitoring	✗	✓ eBay, Amazon, Facebook
Social media monitoring	✗	✓ Instagram, Google My Business
Google brand monitoring	✗	✓ Monthly searches + ad monitoring
Free C&D letters/year	1	3
Takedown notices/year	✗	2
Use documentation	✗	✓ Quarterly organized evidence
Strategy sessions	15 min annually	30 min quarterly
Response time	24-48 hours	Same day (urgent)
Report detail	1 page	2-3 pages with screenshots

Why Monitoring Pays for Itself

1. Essential Monitoring:

What it prevents:

• $10,000-$20,000 domain ransom payments
• $3,000-$8,000 late-stage opposition costs
• $15,000-$50,000 litigation costs for established infringers
• Immeasurable brand damage from counterfeits

 If monitoring catches just ONE issue early, it pays for itself 10x over.

2. Premium Monitoring

What it prevents:

• Everything above, PLUS:
• International expansion conflicts ($50,000+ to resolve)
• Marketplace counterfeit damage to brand reputation
• Loss of sales to unauthorized sellers
• Social media impersonation scams
• Google Ads competitors stealing your traffic

 For growing businesses in competitive industries, this is essential insurance.

But I Just Registered My Trademark… Do I Really Need This Now?

Yes. Here's why:  Your trademark is most vulnerable in the first 2-3 years after registration.

Why?

• Competitors see your success and try to ride your coattails
• Your brand is gaining visibility but not yet "famous" enough that everyone knows it's yours
• Opportunistic copycats test the waters to see if you'll enforce
• Domain squatters watch new registrations and grab variations

If you establish a pattern of enforcement early, infringers learn to stay away.

If you don't monitor and enforce, infringers learn you're an easy target.

What Happens If Monitoring Finds Something?

When an alert is triggered, here's what happens:

1. You receive immediate notification

• Email alert with details of the potential infringement
• Severity assessment (high/medium/low risk)
• Screenshots or evidence

2. We can provide analysis

• What the conflict is
• How serious it is
• Recommended action (oppose, send C&D, monitor, ignore)
• Estimated cost to address

3. You decide next steps

• Proceed with enforcement (Emma handles it)
• Monitor the situation (wait and see)
• Ignore (if low risk and not worth addressing)

4. Emma executes your decision

• Files oppositions, sends cease and desist, handles takedowns
• Keeps you updated throughout
• Resolves the issue with minimal disruption to your business

You're never left wondering what to do. Emma guides you through every step.

How to Get Started

Monitoring makes sense if you have a registered trademark (or application in progress).

If you don't have a trademark yet, start here:

ORDER TRADEMARK AUDIT

ORDER COMPREHENSIVE SEARCH

PROFESSIONAL TRADEMARK FILING

Once your trademark is filed or registered, add monitoring:

Choose Your Monitoring Plan

ESSENTIAL MONITORING

Best for: Small businesses, straightforward protection needs, budget-conscious

PREMIUM MONITORING

Best for: Growing businesses, competitive industries, international plans, comprehensive protection

 Common Questions

When should I start monitoring?

As soon as your trademark application is filed. Even before registration, monitoring helps you catch conflicts early and protect your filing.

Can I cancel anytime?

Yes. Both plans require 30 days notice to cancel. No long-term contracts.

What if monitoring never finds anything?

That's actually the best outcome—it means your brand is secure. You're paying for peace of mind and early warning, like insurance. The value is in what it prevents, not what it finds.

Do I have to use Emma for enforcement if something is found?

No. Emma will provide the alert and analysis. You can handle enforcement yourself, use another lawyer, or engage Emma. Your choice.

What if I'm planning to expand internationally—should I upgrade to Premium?

Yes. Premium includes US, UK, and EU trademark monitoring, which is critical if you're planning international expansion or selling online globally.

 Can I upgrade from Essential to Premium later?

Absolutely. You can upgrade (or downgrade) anytime with 30 days notice.

What happens at the 10-year renewal?

Emma tracks your renewal date and handles the filing (you pay government fees). She also compiles evidence of use, which is required for renewal. Premium clients have this evidence already organized quarterly.

Don't Wait Until It's Too Late

Trademark infringement happens. The question is whether you catch it early or late.

Early = cheap and easy to stop.
Late = expensive and complicated to resolve.

Monitoring is the difference.

Protect Your Brand. Protect Your Business.

You've invested in building your brand. You've registered your trademark.

Now protect it with ongoing monitoring.

📧 Contact Us
📞 +61 405 113 332

Questions? Book a free 30-minute consultation to discuss monitoring options.