Defensive trademark strategy: File before you need to, monitor constantly, oppose aggressively. Coca-Cola files 20-30 oppositions monthly. Reactive protection costs 10x more than proactive. Build walls before invaders arrive.
Proactive Filing
File in all operating classes: Don't just file where you operate today. File where you might operate. File where competitors might try to register similar marks. Broader coverage = stronger defense.
File variations: Register your mark plus common misspellings, abbreviations, phonetic equivalents. "Coke," "Coca Cola," "Coca-Cola" all protected. Prevent squatters targeting variations.
International Filing
File where you sell: Every country where you have customers. Every country where you might have customers. Markets expand faster than trademark prosecution timelines.
File where copied: Countries with high counterfeiting rates (China, Vietnam, India). Even if you don't sell there, counterfeit goods damage brand globally. Defensive filings enable enforcement.
Watch Services
Monitor trademark databases: Automated watching services scan new applications globally. Alert when similar marks filed. Early warning enables early action. Services cost $500-2,000/year per mark.
Domain monitoring: Track new domain registrations containing your mark. Typosquatters, phishing attempts, brand impersonation. Faster detection = faster takedown.
Opposition Proceedings
Oppose during publication: When conflicting mark publishes, you have 30-90 days to oppose (varies by country). Cheaper than post-registration cancellation. Stops infringers before they invest in brand.
Strategic aggression: Some brands oppose everything even remotely similar. Creates reputation as aggressive defender. Deters future attempts. "Sue-happy" image has protective value.
Letters of Protest
Before publication: Submit letter of protest during examination. Examiner may reject application on your concerns. Free alternative to formal opposition. No guaranteed outcome but low cost.
Evidence-based: Include prior registration certificates, use evidence, likelihood of confusion arguments. More compelling protest = higher impact on examiner's decision.
Cease and Desist
First contact: Send letter demanding infringer stop. Most small infringers comply without litigation. Document everything. Establishes you're actively defending mark.
Escalation ladder: Informal email → formal C&D letter → opposition filing → litigation. Each step increases pressure and cost. Most disputes resolve before litigation.
Domain Disputes
UDRP process: Uniform Domain-Name Dispute-Resolution Policy. Cheaper than litigation ($1,500-4,500). Faster (60-90 days). Recover domains from cybersquatters. Works for clear-cut trademark infringement.
URS option: Uniform Rapid Suspension. Even faster, cheaper ($500). But only suspends domain, doesn't transfer ownership. Good for obvious bad-faith registrations.
Social Media Protection
Platform takedowns: Each platform has trademark complaint process. Facebook, Instagram, Twitter, TikTok all offer brand protection portals. Free to file, 24-72 hour response typical.
Username squatting: Someone holding @YourBrand for ransom? Trademark ownership supports platform intervention. Register on all major platforms immediately, even if not active yet.
Customs Recordation
Border protection: Record trademarks with customs authorities. They stop counterfeit imports. US CBP recordation costs $190 per class. Customs does enforcement work for you.
International customs: Record in each country. Harmonization varies. Focus on manufacturing hubs (China) and major import markets (US, EU). Creates physical barrier to counterfeits.
Internal Protocols
Usage guidelines: Document proper trademark usage internally. Prevent inadvertent abandonment through improper use. Train marketing, legal, external partners.
Renewal calendar: Trademarks require renewal (every 10 years in US). Miss renewal = lose registration. Docketing systems track deadlines. Never lose mark to administrative oversight.
Portfolio Review
Annual audit: Review all registrations. Prune abandoned marks (save maintenance costs). Identify gaps in coverage. Update for new products/markets. Portfolio should match business strategy.
Cost-benefit: Each registration costs $200-500/year to maintain. Dead marks waste budget. Growing marks need expanded protection. Active management maximizes ROI.
Trademark Lens checks availability before filing - defensive strategy starts with comprehensive clearance search identifying potential conflicts before they become oppositions against you.