Toward a History of Trademark Watching

The practice of watching trade mark applications silently emerged alongside the history of trade mark law in the 20th century as an odd but crucial paralegal activity.This article traces that distinctive, if often overlooked, emergence and the controversiesthat initially surrounded its professionalstatus and legitimacy. After looking at the different ways in which watching practices successfully overcame suspicion and criticism, the article explores the strategic role of watchers as mediators and facilitators of knowledge against jurisdictional challenges, and shows how their notifications fuelled corporate aspirations beyond national (trade mark) offices. In doing so, the article examines the impact of computerisation, not only on watching trade marks but also on the conceptual and material infrastructure of trade mark law. The underlying argument is that the construction of the intangible property afforded by trade marks was not only and exclusively an effect of consumers’ projections and identifications. Rather, watching practices also encouraged trade mark ownersto speculate on the contours of“intangible”property and its potential viability at home and abroad.