Trademark Investigation Best Practices – Hetherington Group
In our digital world, legal professionals involved in trademark cases must utilize open-source intelligence (OSINT) to conduct trademark investigations and verify trademark claims. Contrary to popular belief, registering a trademark does not automatically grant exclusive ownership—legal precedent prioritizes usage over registration. The document provides insights into trademark infringement risks, the role of intellectual property (IP) investigators, and how legal professionals utilize OSINT tools to verify trademark claims during a trademark investigation. It also covers types of trademarks, including generic, descriptive, suggestive, fanciful, arbitrary, service marks, and trade dress.
A key focus of the paper is how businesses can preserve and protect trademarks in the digital age. It outlines the importance of monitoring trademark usage on social media and leveraging digital forensic tools to verify historical use. The paper also provides real-world case studies illustrating the costly mistakes companies make when failing to conduct trademark investigations and due diligence. By using OSINT strategies, businesses can safeguard their brand identity, prevent unauthorized third-party use, and avoid legal disputes that could result in significant financial losses.
Download this research paper to understand the different open-source tools and methods available for trademark investigations.
