Fast, Easy, and Affordable Trademark Searches
There are free, and some paid, trademark search software applications that do not consider multiple aspects of the proposed mark. Instead, they focus only on the identical mark and search the USPTO database for only identical marks. Results from these types of searches are superficial and only scrape the surface of what a trademark search …
On October 12th, Fuzic, Inc. announced it was rebranding to Vibenomics, Inc. Scott McCorkle, Executive Chairman of Fuzic, said that part of the motivation for the rebrand was to “avoid potential trademark issues.” Fuzic, Inc. had not federally registered the mark FUZIC, nor has Vibenomics, Inc. applied to federally register the mark VIBENOMICS. If you …
Searching the United States Patent and Trademark Office for a conflicting mark is a must for every business because of the nationwide priority given to federally registered marks. A business does not want to be in a position of having to rebrand years down the road because it did not search the USPTO before investing …
Continue reading “Is Searching the Trademark Office Enough?”
The fifth statutory exception prohibits the registration of describing words. A trademark uses describing words when the words relate to the nature or quality of the goods or services. A mark may also use describing words if it describes a geographical connotation or is a geographical name or term that is not obscure. Finally, a mark …
The Lanham Act very broadly defines a trademark as “any word, name, symbol, or device, or any combination thereof” that identifies goods or services, distinguishes them from those of others, and indicates the source of the goods or services. If these three critical elements are present, the possible subject matter available for trademarks is virtually …
Dilution is an important concept when conducting a trademark search. When a mark or term revealed in the search results is diluted, small differences in a proposed mark may be sufficient to avoid a likelihood of confusion. But dilution cannot be accurately evaluated unless you first accurately evaluate the relatedness of the goods or services. …
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 …
Continue reading “The Relatedness of Goods, not International Class Numbers, is What’s Important”
Like most tasks facing new business or the creation of a new product, where to search for a conflicting mark can be a daunting task. Some people will say you need to pay a professional search company to look for any conflicting marks. Whereas, others will say a Google search is sufficient. Like most things …
Continue reading “Where to search for conflicting trademarks”
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 …
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 …