If so, the infringer may be able to assert the personal defense of laches or acquiescence and may be allowed to continue the infringing use. Faced with the trademark owner's dilemma, it is helpful to categorize the level of infringement to better chart the path for policing against such use. Use that will be tolerated because the time and expense of stopping it is too high. Use that is tolerable and will not justify any action. Categorizing the level of infringement should be a joint analysis involving input from trademark counsel, company management and the marketing department.
Many companies seek professional help to police their marks.
Subscribing to a watching or clipping service can be helpful in identifying potential infringers. These services are fairly inexpensive, but require review and evaluation of the reports and then a determination regarding whether and what steps should be taken against the infringer. Some companies designate in-house monitors to surf the web and other trade publications for use of identical or similar marks. These in-house monitors often review statements of industry rivals themselves, such as press statements and sales material for hints the watching and clipping services may not recognize. Still other companies rely on their trademark counsel to handle the policing and report concerns on an as-needed basis.