The Relatedness of Goods, not International Class Numbers, is What’s Important

The case law is clear and settled that classification “is wholly irrelevant” to a likelihood of confusion claim. See, e.g., Jean Patou, Inc. v. Theon, Inc., 29 U.S.P.Q.2d 1771, 1774 (Fed. Cir. 1993). Nevertheless, there is far too much emphasis placed on searching the right International Classes than on finding goods or services that may …

Breakdown of a Proper Trademark Search

A proper trademark search requires the consideration of three factors:  (1) similarity of the marks; (2) relatedness of the goods or services; and (3) dilution. Generally, DIY Searchers mistakenly believe they are conducting thorough searches by breaking up a proposed mark to search its components, giving consideration to phonetically similar or foreign equivalent terms, and …

It all began with a search

Trademark searching can be an under appreciated exercise. In our experience, most people mistakenly assume that trademark law is easy when in reality trademark law is filled with nuance that only experienced trademark professionals appreciate. Add in the cost of getting a trademark attorney involved to do a trademark search, and you now have the …