A Trademark Knockout Search aids in the discovery of any trademark inconsistencies. The USPTO only grants trademark rights if they are used. As a result, simply searching the USPTO trademark database to see if your mark is available for use is insufficient.
A trademark knockout search deals with the following fields:
- Abandoned trademark applications
- Expired trademarks
- Existing trademarks
- Common law trademarks
- Pending trademark applications
When considering the availability of a trademark, it’s important to pay special attention to all the identical marks. You can also assess it by looking at the mark’s visual, verbal, and connotative similarities. Before filing a trademark registration application, it is critical to do a trademark knockout search. It identifies others who use your trademark or one that is similar to yours.
Also Read: What Are The Trademark Rights In India?
How to perform a Trademark Knockout Search?
Before filing for the trademark registration, a trademark knockout search is conducted to find any similar trademarks already existing in the market. As the purpose is to be very clear of any such possibilities of infringement, it is also known as trademark clearance search. Generally, the trademark attorneys use a combination of various trademark search systems.
All pending federal trademark applications, live trademark registrations, and abandoned trademarks can be found in the TESS database. TESS is freely available on USPTO’s website and can be used by anyone. Depending on the originality of the proposed trademark, the search may or may not be confined to one or more specified trademark classes.
During the trademark knockout search, the lawyer looks for comparable trademark applications that could cause you problems. Furthermore, the marks may not be identical, but the services and products are likely to be similar. Furthermore, even though the marks are identical, the services and products may appear to be unconnected. As a result, we learn about the advantages of hiring an experienced trademark attorney. It assists you in deciding whether or not to file a trademark application.
During your trademark knockout search, you should examine the following steps:
1. Keep it Comprehensive But Broad
The best method to save time and money is to conduct a well-organized trademark knockout search. If one does not adhere to the standards, they may become distracted. You must, however, not only do a comprehensive search within the database, but you must also specify the requirements. It’s very possible that it’ll merely wander around with unwanted info that’s comparable to the criteria.
Some attorneys believe in keeping a checklist of the search. It helps them to be specific as well as guides them like a map.
2. Use of Modern Technology
The previous step contains a long list. It requires a lot of time and you need to search for various databases. This traditional method may prove tiring after some time. Thus, we require help from modern technology. It prevents us from visiting various sites, resources, or databases. Thus, saving our time and labor.
Filtering the results is the most time-consuming aspect of the search clearance process. The technology may reduce the search period and provide many results. However, it fails in proper analyses of the results. It cannot filter the required results without the help of the actual human brain.
Technology may fetch you those 100+ page reports in a matter of seconds. However, you need experts to dig out the required results from those reports. Thus, filtering is a very crucial part of the trademark knockout search.
How to Perform a Comprehensive Trademark Knockout Search? : TMReady
TMReady provides you the most flexible coverage over the trademark-related services. Our expert team performs a manual search over a global database for the most pertinent outcomes. Our search experts perform 100+ searches every day. Also, you just need to provide mark details, NICE class, search specifications, and preferable delivery options. The moment we receive your order, our experts are into the job. You get 100% satisfactory outcomes within a pocket-friendly price. Thus, you get a quick turnaround time with free iterations. Moreover, you may check the status of your order at any stage. We keep transparency and also provide free advice for long term benefits. For seeking more advantages from our services, please visit TMReady.