A Trademark Knockout Search helps to dig out any sort of discrepancies with the trademark. The USPTO grants trademark rights only based on the use. Thus, it is not sufficient to explore the USPTO trademark database only to determine whether your mark is free to use or not.
A trademark knockout search deals with the following fields:
- Abandoned trademark applications
- Expired trademarks
- Existing trademarks
- Common law trademarks
- Pending trademark applications
One must pay close attention to all the similar marks at the time of evaluating the availability of a trademark. Also, you may evaluate it by analyzing the visual, oral and connotative similarity of the mark. It is very crucial to perform a trademark knockout search before applying for trademark registration. It identifies others using the same or similar trademark as your own.
Also Read: Trademark searches: An Overview
How to perform a Trademark Knockout Search?
During the trademark knockout search, the attorney finds similar trademark applications that may prove an obstacle to you. Moreover, there is a possibility that the marks are not identical but the services and products are closely related. Also, the marks may be identical but the services and product may appear unrelated. Thus, we come to know the benefits of an experienced trademark attorney. It helps you to decide whether to proceed with the trademark filing or not. Some of the steps that you must consider during the trademark knockout search are:
1. Wide but Specific Search
An organized trademark knockout search is the best way to save time and money. One must stick to the requirements or they might get distracted. However, you must not only search broadly within the database but also specify the requirements. It is likely to just roam around unwanted data similar to the requirements.
Some attorneys believe in keeping a checklist of the search. It helps them to be specific as well as guides them like a map.
A checklist must include:
- App stores
- News sources
- Competitor websites
- e-commerce platform
- Social media
- Government regulators
- Company name databases
- Internet domain registries
- International dictionaries (to check similarity between different languages)
- Regional, State, National, and international trademark registries (according to the use)
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.