Reforms to the trademark system still incentivize policing of marks and generate additional litigation

The Lanham Act does not create a duty for trademark to police their marks.79 Indeed, as the USPTO website states, the government will not police the use of trademarks.80 Instead, “the owner of a registration is responsible for bringing any legal action to stop a party from using an infringing mark.”81 Despite the lack of duty to police, the U.S. trademark system incentivizes trademark policing. Lawyers often advise trademark owners to diligently protect their marks.82 As such, trademark owners engage in trademark policing to monitor for unauthorized use of their marks or confusing similar marks and to prevent misuse that could lead to genericide.83 This Part discusses the incentives that drive trademark owners to police and enforce their marks and gives a brief overview of common methods of enforcement.