Fast, Easy, and Affordable Trademark Searches
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 …