How to search for trademarks in the US? | Ventsi Stoilov | Skillshare

How to search for trademarks in the US?

Ventsi Stoilov, Intellectual property manager, lecturer

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33 Lessons (1h 19m)
    • 1. Introduction

      2:01
    • 2. Welcome to this class

      1:56
    • 3. Section 1 - Class content

      1:34
    • 4. Why is trademark search skill so important?

      1:54
    • 5. Section 2 - Basics of trademark protection

      0:32
    • 6. What is a trademark?

      1:18
    • 7. Types of trademarks

      3:34
    • 8. Main principles of trademark protection

      3:57
    • 9. Section 3 - Basics of trademark searching

      3:12
    • 10. Brand building and trademark search necessity

      2:45
    • 11. Main principles for conducting a trademark search

      6:19
    • 12. Using software for classification of goods and services

      2:21
    • 13. What results can you get from a search?

      1:37
    • 14. Section 4 - Search for trademarks in the US

      0:57
    • 15. Database’s components

      3:25
    • 16. Database operators

      1:58
    • 17. Searching by criteria: Full mark

      1:23
    • 18. Trademark file

      1:50
    • 19. Basic and Mark Indexes

      2:17
    • 20. International Classes

      3:16
    • 21. Goods & Services and Decimal Mark options

      2:28
    • 22. Description of mark and disclaimer

      1:58
    • 23. Filing date and Live/Dead indicator

      1:53
    • 24. Mark Drawing Code

      1:03
    • 25. Other data and owner name and address

      2:14
    • 26. Cancellation date, change in registration and priority date

      2:47
    • 27. Pseudo mark, published for opposition date and prior registrations

      2:37
    • 28. Registration date and renewals

      1:48
    • 29. Serial, registration, international numbers, standard characters and translation options

      2:27
    • 30. Type of mark, abandonment date, design code and description

      3:13
    • 31. Final comprehensive search

      5:11
    • 32. Conclusion and summary of the class

      2:47
    • 33. Some words for the end of the course

      0:30

About This Class

Welcome to the class “How to search for trademarks in the US".

If you are on the way to launch your new brand in the market but you are cautious about potential legal conflicts with similar already registered trademarks, this class is for you.

The class will help you to learn how to do a trademark search in the US on your own and to avoid possible legal pitfalls in that way.

Every registered trademark gives its owner the right to prohibit somebody else to use it. This is valid not only for identical trademarks but for similar ones too. In case that such an event takes place the trademark infringer can face different legal proceedings - and even lawsuits.

Taking this into account and the fact that nowadays there are millions of registered trademarks around the world such negative outcomes cannot be ignored. One of the ways to stay on the safe ground is always to run a trademark clearance search in advance, before launching your brand in the market.

From that perspective, if you are a startup company, an entrepreneur, marketing or brand building specialist, law attorney, paralegal, or just a business owner who deals with brands, this class will be of great help to you.

THE CLASS WILL GIVE YOU IMPORTANT KNOWLEDGE AND SKILLS ABOUT THE WAY YOU CAN DO A TRADEMARK SEARCH by yourself using the US Patent Office’s trademark database.

In this class you will learn:

  • What is a trademark, types of trademarks and the basic principles for trademark protection;
  • Why is it so important for you to watch out for prior registered marks;
  • What are the main requirements for doing a trademark search;
  • How to classify your brand’s goods and services in order to do a search;
  • What is the official US Patent Office’s trademark database;
  • How to do a trademark search in the US Patent Office;
  • How to combine different available search options and criteria in order to get more precise results;

The knowledge of how to use the US trademark database will provide you with an additional tool to build proper and successful business and marketing strategies for your company using a solid trouble-free brand name.

At the end of the class, you can exercise what you've learned from the class by completing a project searching for trademarks on your own.

Transcripts

1. Introduction: Welcome to the class how to search for trademarks in the US. I've NC and I will refer you to this class where you learn how to do a trademark search on your own. Iv, working as an intellectual property manager for more than 12 years on different corporate IT projects, including doing hundreds of trademark cleaner searches, targeting many countries around the world. I'm also IN university lecture on managing intellectual property of sets. This course is designed for anyone wishing to build and launch a solid to a free brands in the market, escaping possible legal complex. By the end of the course, you will be able to undertake trademark searches by yourself using the official trademark database of the US Patent Office. You might be wondering why this is important for your business and how exactly it can help you. Searching for already registered trademarks is a crucial point when you launch a new branch in the market. In today's competitive world, there are millions of registry trademarks. Because of death, the risk to copy somebody else is already registered name. Even unintentionally, he's not negligible. The immediate aftermath of such a scenario could be costly and time-consuming legal proceedings, which in some cases can even jeopardize your business. Skill to search for protecting trademarks is useful trout to brand-building process to it will allow you to make changes to your brand-name depending on the results from the search creating more unique and distinctive brand things. However, these costs would be a help even for already established businesses. In case that you are trademark owner, searching for a new trademark applications on by other companies will allow you to stop their registration and in that way to defend your market share and brand equity. By taking these quests, you save money and time, basing Q or business project on safer ground. Thanks for your interest. See you in the class. 2. Welcome to this class: Hi and welcome to the class. I'm glad that you're enrolled in this class. I will do my best to teach you how to do a trademark search for the territory of the United States. On you're all probably you will ask before anything else, what is a trademark search in the first place? Well, it means to search in the official patent offices databases whether one brand name is already registered as a trademark or not. This is crucial because it can tell you to what extent you can use or register any identical or similar sign just to scratch the surface. Let's do one brief. What if we want to know whether Tesla is a registered trademark? Obviously, it is registered for cars, but what about refrigerators, for example? Let's enter the US trademark database, for instance, and type test. Well, in the first input field, choosing basic index from the right drop-down menu, after which, opting for any operator that quasi 11 in the field Bureau and select international costs from the menu. When we hit the submit Curie button, the database will give the relevant results. As you can see when we open one of the marks file, this sign is registered for refrigerators. In this course, you will learn how to conduct such or even more comprehensive searches for trademarks using the US Patent Office, his trademark database, probably you will want to know what class 11 basic index and all other search criteria mean. They're the bread and butter of every trademark search. Using these criteria properly is a key element for getting efficient and correct results. That's why before starting any other trademark search, we'll go over some of the main characteristics of trademark protection and search. Stay with me, and by the end of the course, you will gain the full knowledge of how to implement a trademark search on your own. 3. Section 1 - Class content: The class is divided into five sections as follows. Introduction, we will discuss why searching for trademarks is important basics of trademark protection. Here we will discuss some basic aspects of trademark protection, such as, what exactly is a trademark? Different types of trademarks, main principles of protection and the thermal protection. Or this is necessary because it will help you to identify what type of trademark you have and what you need to know when conducting could trademark search. In the third section, we will talk about the trademark search itself, what it is, and what are the prerequisites to conduct it. For example, one of the necessary things before doing a search is to classify for what goods and services, your trademark, we will seek protection. This is something essential because the legal protection will cover only those products and services which are mentioned in the trademark application. Furthermore, we will discuss why trademark searches and brand-building process go hand in hand. The first session, we'll show you how to do a trademark search in the official patent offices trademark database of the United States. The last section is a short conclusion which summarizes some of the highlights of the course, as well as provides you with a small gift in the form of a PDF file where you can find links to the US Patent Office is trademark database presented in these quests and all supporting tools necessary for such a search, you can find these PDF in your project assignment. 4. Why is trademark search skill so important?: Why is this search skew so important? Many new business owners underestimating posters of taking career steps to protect their intellectual property. There are two main reasons for this. The first one is the fact that this protection is considered as an unnecessary administrative burden, especially at the early stage of the business development. The other reason is that investment in IP protection is used only as a cost which is not warranted, especially when there is no guarantee for a market success. Although that cool sounds logical by itself, it is a better approach from a strategic point of view. I'll give you an example with, let's say, an owner of a startup company which tries to develop a trendy franchise of bars that offer only fruit, drinks and cocktails. Imagine the dishonor doesn't want to invest in registration of a trademark before the patent office. In order to save some money, DR. starts developing a franchise chain and after awhile succeed Dean load by its customers. However, at this very moment, the owner discovers that there is another company which offers similar products with a similar brand-name. Dr then decides to do something to protect these business name as a trademark. So the owner files an application with the Patent Office, but suddenly finds out to greater price than there is in a position against his trademark application, which has been found by the same commutator based on an already registered similar trademark. There are many ways how these disputes can result, but the cost will be had them if the owner carry out the check on the patent offices trademark database in advance before starting using the brand name for its franchise. This course tries to prevent such negative outcomes given Q are more secure path when you set up a new business or brands on the market. 5. Section 2 - Basics of trademark protection: In this section, I will present you with the very basics of trademark protection. We will talk about what is a trademark from a legal point of view, what types exist, which are the main principles of protection? And finally, what is the term of protection? Although the glasses mango is only to teach you how to search for trademarks in the US Patent Office database. To do so, you need to understand at least some of the key elements related to that protection. This will give you a clear view when you start to use the database. 6. What is a trademark?: What is a trademark? To build trust, confidence and royalty to its products, every business has to develop and maintaining distinct identity, image, and reputation. Only then it will be able to distinguish itself and its products or services from those of its competitors. The business achieves these mostly true or distinctive trademark. Despite the fact that there's some slight differences. All definitions for trademark around the world are very similar. Based on this, we can summarize the following definition of a trademark. It is assigned capable to distinguish the goods and services of one market participant from those of another by indicating their region. The most important elements from this definition are that in order to be a trademark, the sign has to be distinctive, not be descriptive for the product or service that will be used for. And to indicate Strait region. That's why our brand bread for product bread is not capable to be a trademark. Trademarks can be different signs such as personal names, letters, numerals, colors, the shape of goods, or of the packaging of goods, sounds and so on. However, they have to be distinctive. 7. Types of trademarks: Types of trademarks. There are different types of trademarks which are recognized around the world, although summarizations don't offer protection for all of them. In general, we have the following trademark types. Depending on the means of expression, trademarks can be word marks, the word name under which a product or service is known on the market. For example, a word mark, Adidas, Nike, Apple, Samsung, et cetera. Word marks are registered only as a world without any graphics. These are the strongest trademarks because they do not depend on any graphical representations. Figurative marks consists only of figurative elements without words. For example, nice logo auditors who will merciless war was cetera. Combined marks, device marks. They combine both word and figurative elements. For example, NYC, added as Disney posts, etc. Three-dimensional marks. They represents the form of the product, for example, coca-cola bottles or Ferraris car design. Collar marks. In exceptional cases, even a single core or a combination, of course, can be a trademark. This is the case when people recognize a certain product or a service by its core. For example, a trademark on by Deere and Company for tractors, or a core marked by different sound marks. And advertising jingle is sometimes so well known that when people hear it, they immediately know what it refers to. In such cases, the sound can be registered as a trademark. For example, the famous Nokia connecting people, melody. Who grounds, for example, these mark on by video. Future Entertainment Group. Motion marks, for example, a brief animated video of a kangaroo on by the Proctor and Gamble. There's some others, although not so widespread types of trademarks such as patterns, olfactory, et cetera. Very minds that you can register a trademark for any of these types. It's a combination of them. For example, you can register your brand name as a word mark, and after that as a combined and figurative marks. This will increase its protection because you will protect all elements of the brand. Depending on the owner. The marks can be individual on via natural or legal person. Co-ownership, owned by more than one nature or legal persons. Certification marks indicate the existence of an accepted products standard and a claim that the manufacturer has tested a product to verify compliance with that standard. For example, this sign indicates that the goods sold within the European Union needs certain requirements for quality and safety. Collective marks are owned by an organization, used by its members to identify themselves with a level of quality or accuracy, geographical region, or other characteristics set by the organization. A collective trademark can be used by different traders rather than just one individual, provided that these traders belong to the same association. For example, a collective brand of the Association of producers of beer in Belgium. 8. Main principles of trademark protection: Trademark rights arise in the United States from the actual use of the mark. However, registration of a trademark is almost always recommended. And Giza trademark owner, additional rights and not available under a comma o. In case of trademarking, Friedman's, this registration confers to its owner the exclusive right to use a trademark in relation to the specified goods or services. Trademark owners can assign or license their trademarks anytime DR. is entitled to prevent 0 third parties from using his her district trademark in the course of trade without an explicit consent. The prohibition includes a fixing the sign to the goods or to the packaging, offering the goods, putting them on the market or stocking them for these purposes. Or offering or supplying services, importing or exporting the goods under that sign, using the sign on business papers and in advertising, etc. There are two basic principles in relation to the protection of trademarks. Territory protection. The general rule of thumb is that the protection which one trademark receives is effective only on the territory of the country where the registration is obtained. For example, the existence of a trademark registration in the US does not mean automatically that you have the same mark, register it in the UK and vice versa. We can sum up the options for registration of trademarks from a territorial point of view as false, national order. The trademark will be registered only for a selected country. In this case, if you want to protect the same mark in other countries, you should apply in each individual country. Regional order. In this case, a trademark is reduced rate for the territory of a group of countries United by political or economic reasons. A good example here is the European trademark, which is violating the entire territory of the EU and its member states. International order. These provides an opportunity for registration of a trademark around the world based on one application which is sent to the World Intellectual Property Organization in Switzerland. This is the so-called moderate system for international registration of trademarks. The second principle is specialized protection, which means that every trademark is protected only for the goods and services specified in its application. Goods and services are grouped in classes defined teen the so-called nice classification for the purposes of registration of trademarks. This classification has 45 classes, 34 of which are for goods and services. The nice classification is adopted by most of the countries around the world. An example for classification of goods and services. The heading of a nice class. Here is class 29, meat, fish, poultry and game meat extracts, candidate frozen, dried and cooked fruits and vegetable, et cetera. Or cross 35, advertising, business management, business administration, administrative activity, etc. It should be noted that it is possible for the existence of identical registry trademarks, but for different classes of goods and services. This means that you have to choose carefully the classes that you need. Your trademark for. Thermal protection. Trademark registration is valid only for a certain period of time provided by the wall. In most countries DC sir, ten-year period and after its exploration, the protection can be renewed for further unlimited periods of ten years. If the owner wants these nt pays the Kneser hese. 9. Section 3 - Basics of trademark searching: Basics of trademark searching. In this section, we will talk about the trademark search details. We will discuss what these search represents. Why such a search essential for every brand building process. And finally, which are the main principles for conducting research in how to classify the goods and services for that purpose. What is a trademark search? Trademark search literary means searching for already applied for or a registered earlier trademarks in the relevant country by using the official patent, obviously databases. There are two main options for achieving this. Firstly, use the official online databases where you can check for identical and similar trademarks for free. You need some knowledge on the way these databases work. In this course, I will show you how to use the database efficiently in order to extract the desired results. The second option is to apply to the patent office for an official trademark search, which will be conducted by the office itself. The downside is that you need to pay a fee and it will take time. In summary, whilst an official search is a good approach, it's not completely convenient due to the time and cost. If you have the necessary skews, the online search will be quite satisfying. Can't lose support you well in the process of creating and launching a new brand. What about the results that you get out of a search? You need to know that when you conduct a trademark search, you will get several types of results. Firstly, you find identical trademarks for identical goods and services. In such cases, you can compare the size by yourself. In general, it is a quite easy, there is no need for deep legal knowledge. This means that both your trademark and results are the same, the same spelling, identical images, the same course, and identical goods or services. For example, the word trademark motto for laptops is identical to motto for laptops. The second step of results will be for similar trademarks. For instance, a combined trademark motto for laptops with graphical elements is not identical to a work trademark moto. They're only senior or due to the fact that there are other elements which are not presented in both signs. Another situation exists where we have the word trademark molto for laptops and the same trademark for smartphones. There are no absolute identity between them because the goods are not identical. Bearing in mind that when it comes to such similarity, the assessment requires additional legal knowledge for maximum accuracy and precision. For that reason, it is recommended that when you extract results for similar trademarks, to discuss them with a trademark attorney for a deep and professional analysis in order to eliminate any possible risk. 10. Brand building and trademark search necessity : Brand-building can't trademark search necessity. Trademark search is one of the most important parts of the brand-building process. Although sometimes it is underestimated. Most people think about brand-building only as a marketing process where different marketing specialists to develop a brand name based on a variety of marketing requirements. This true up to a point, but it's not the whole picture. Why? Well, the brief Asper Is that a good brand name doesn't mean automatic array that you can use it without a legal obstacles. What do I mean? Let's say, for example, that we have a company that hires a brand-building agency to create a new brand name for its business. The agency does the job and delivers the required Brandt. From that point, we have two possible scenarios. The company applies for a trademark before the wacko Patent Office, and the brand is registered it without problems or the brand fails registration because they are identical and similar trademarks for the same name that are already register it by other companies. This means there could be problems due to lack of preliminary search. The second scenario is if the company doesn't care about registration of a trademark, in which case the company uses its brand seamlessly, rewind, gone, pure luck, or the company is accused of trademark infringement by an owner of register it identical or similar trademark. That happens because there is no preliminary trademark search to show these earlier writes. All we know, although you can use your brand without registration is a trademark, sometimes this could be a risk because it can invoke potential legal conflicts. Even without such problems, the brand owner will be in a more difficult position to defend his brand against possible in procedures in the future because the brand owner have no legal rights. So taking into account these options, trademarks, and this becomes a vital part of the brand-building process. If you implement such as search in every stage of the process, you will be able to avoid conflicts and reduce the risk to your business. Such searches will read flag possible issues in the early stages of your business development, which will give you more time to react properly. 11. Main principles for conducting a trademark search: Main principles for conducting a trademark search. When it comes to a trademark search, you have to bear in mind that you can't just do it within a, although you might want to take the risk, the results won't be so accurate and precise, which in turn can lead to possible misleading and poor decisions. With that in mind, there's some main principles which determine how one trademark search can be implemented successfully. There is false. Define the brand-name, which will be a subject of the search. You need to select a brand-name which you consider appropriate as your future trademark. There are a lot of techniques which can be used for that purpose such as neologism, morphemes, adding suffixes and prefixes, et cetera. The brand-building processes not subject to discourse, but in general, you can try to invent a name by yourself or using some professional help. What is important at this stage is that trademarks searches have to be done in order to evaluate whether the relevant brand name is suitable for use and protection. In this way, you will be able to escape potential legal contexts and the earlier register signs defining the country covered by the search. Logically, the countries are subjected to a trademark search. Are those where you want to use your brand? At first glance, this task seems quite an easy one. This is true to a point when it comes to a business which is based completely in one territory. However, in the current goal market, it's highly likely that some parts of the business model can be related to other countries to, for example, if you sell cameras in the US, but they are produced in China, it is recommended that your brand covers both territory's. Why prediction of goods labor it with a trademark represents trademark use according to the law in many countries around the world. In such situations, it is a good practice for your brands to be protected in those territories in order to prevent someone else from using get there without authorization. Another example is a case where you produce and sell products in the US, but at the same time you sell them in the EU. In this scenario, if you want to be able to enforce your rights against infringers in the EU, you need trademark protection there. So to summarize, defining the territory, protection requires in-depth analysis about the ways you will use your brand, what business model you fall, how and where you produce and sell your products, and so on. When you accomplish this analysis, you will be able to identify correctly the territory of protection. Defining the scope of goods and services for which the search will be conducted. Another essential moment before hearing trademark application or doing a trademark search is to be clear for which goods and services your trademark will be used. This is a requirement by the wall. If you don't know this, you either want to be able to file an application with the patient or his or your search will not be accurate. Either way, you will be exposed to possible legal pitfalls. As I already said, most of the countries around the world use the mis-classification for goods and services. This classification here's 45 classes, 34 for goods and services. These classes covers groups of goods or services that are from the same source. Every class has a heading which briefly describes what is included in it. For example, this kid is covered by yesterday, which includes different products and has the following heading. Coffee, tea, the cow entered official coffee rise the Bjorken psycho foreign preparation made from zeros bread past recent confectionary, et cetera. Okay. Now, how can you define the exact class and to classify your preferred goods or services? There are two main ways to accomplish this. Firstly, you can access the relevant countries Patent Office website where you can find a page devoted to the misclassification. From there, you can find manually which classes your chosen goods or services fit in. This way is however cumbersome and time consuming. For example, you can use the page provided by the World Intellectual Property Organization, get that G success to all classes from the misclassification. From there you have to click on access the misclassification, which will bring you to the classification itself. So let's imagine that, for instance, you are a biscuit producer. To find out the relevant class of misclassification that carers be skits. You need to click on the class heading tab, which will give you a brief description of all 45 classes. You can read them one by one. And when you reach cluster d, you see that it includes four and preparation made from zeros past, recenter confectionary. These general terms cover biscuits because they're from the one and the same source. After that you have to go to the classes tab. And from there to click on the cluster in the left sidebar. List of all goods within this class will appear. There. You find these kits, which means that this is the right class. This is the manual way to do the job. But as you can see, it is mundane in an inconvenient, especially in the case where you have more goods or services you need your trademark for. Fortunately, there is an alternative which we will cover in the next video. 12. Using software for classification of goods and services: Welcome back. So there a better way to classify your goods and services. You can do this easily by using an automatic software classification. Let's go back to our example from the wild bulls page. You can click on the search tab type, be skipped in the box and click Enter. This will give you all quizzes that mentioned biscuit. For example, cos 2001 covers Bizkit got worse, which however, is not your target product. Down there you find cos 30, which mentions biscuit as the product clustered one cover biscuits. But for pet food, so you can skip it. Another software that can be even better for that purposes, TM costs provided by the European Union, intellectual property offs. Most of the patent offices participate in this database, including the US, the UK, Australia, Canada, Ireland, and New Zealand. When you type in the search term box and hit Enter, it will give you the classes were biscuit is mashing it. You can even choose the concrete or his database for the search to be accomplished, which can be found above to the right. This will exclude the other patent offices. Though in most of the cases, this is a little importance. Apart from this, some of the patent offices offer their own software for classification based on the nice classification. For example, you can use these web page developed by the USPTO, the link for which is seen the lectures notes. If we type a biscuits in the search field, it will classify it automatically. Enter will provide us with all classes where biscuits are mentioned. We have to sort them out in order to find the right one. Which is quite easy. In general, using such a software is quick and easy way to classify your goods and services. Based on these results, you can start your trademark search because now you are aware about the scope within which to conduct it. Without doing this, the search will produce an enormous amount of results for trademarks, which will be of no interest to you. 13. What results can you get from a search?: What results can you get from a search? As a result of your trademark search, you will get two groups of results. Results by trademark status. Some of the trademarks found by search will be registered was some will be applications and other will be expired or invalidated. The wass, two cases can be eliminated from your search because most of the time you don't need to know them. How close to your target brand-new Finder results can be. You will be able to extract two main types of signs for identical and for senior trademarks. The identity is relatively easy to be assessed. Identical marks mean that they are completely identical one-to-one, without any differences. To put it another way, even one letter or the smallest graphical elements, which is different, we will make them not identical. When it comes to similar trademarks, things could be much more complex. Sometimes you will be able to assess similarity, but sometimes these will require Leo expertises, e-learning D scenario. However, by doing a trademark search on your own, you will be able to get the picture of these senior trademarks in advance. Debt will allow you to discuss these results with a trademark attorney in order to build an appropriate strategy for protection. These by itself will save you money and time due to the fact that such searches can be costly and time consuming. In the next session, we will begin with our Rio trademark search. 14. Section 4 - Search for trademarks in the US: In this session, I will teach you how to work with the United State Patent Office USPTO database for trademarks. I'll provide you with details about it, the characteristics, as well as some tips and hints on how to implement a search mixing different criteria for marvelous results. Enjoy their lectures to search for earlier identical or similar trademarks in the US, you can use the official trademark database provided by the United States Patent Office, USPTO. You can find the link to this database in the lectures notes if you don't use it, the way to access the database from scratch is to type USPTO and Google. After that, click on trademark section from the drop-down menu, click on searching trademarks. Next, you need to click on search, our trademark database Test button. These Finally, we will open the database itself. 15. Database’s components: Database components. We will start with the database components as a first step of our observation. When we enter it, the, the trademark database page will be presented with several options. Basic work marks, search, new user. It is a very basic search. For instance, searching by name without any other criteria in addition, worth and, or design marks search, structure it. This will give you more criteria for searching. Et is the recommendable option. The rest of the options under the free form give you choice to search based on Lucy criteria. It is not recommended for beginners because it looks a little bit messy and requires in-depth knowledge on the matter. Later on, however, I will show you how to use the option two. For this tutorial, we will focus our attention on the second option, which will allow you to gain a better and deeper understanding about the nature of the search. It is possible for you to be a little bit overwhelmed when we go over the database. Both Don't be afraid. After taking this tutorial, you will be able to conduct a search which will give pretty good results. So let's focus our attention on the search inputs. At first glance, the database looks quite simple, but this is misleading. There are two main fields. You can type the brand name or other information on the left side. And after that, you can choose the search criteria from the right-hand drop-down list. Both of the fields are duplicated below, which GIZ and opportunity for combinations between different options. Before doing a search, let's see what are the top sent operators scene, the search page OR this home tap leads you to the search homepage. A new user tap leads you to the basic word search page. Free-form tab gives you an opportunity to search using only one field combining to your search criteria on one row, for example, gets width criteria BI and cos 030. I see you have to know all the abbreviations in advance though, which is not so convenient. Browsers dict tab is used for entering a term and seeing about ten items in the dictionary around that term, which can be used for your search. Search OG tab. You can search trademarks based on their publication, a position, our registration dates. Bottom tap leads you to the bottom of the search results. Helped up gives you explanations and qualifications on how to use the database options. View search history link. Here you can access your search history. In the next video, we will go over the variable operators that allow combinations between the different options. Without them, more comprehensive searches are not possible. 16. Database operators: Welcome back. Ok. Apart from these tabs, you can see on your far right a drop-down menu named operator. This menu is important for your search because it allows you to combine different criteria from the birth and below input fields. Otherwise, you will not be able to extract correct results. So if we look at it, it gave us several options to choose from. And with this operator, the results that we will be extracted, we will contain the search information from both input fields. For instance, you can combine search by brand-name and by class of goods or services. Or the results will contain at least one of the search terms specified, not the result. We will not include the search term following the NOT operator, XOR exclusive. Or the results will include either the first or the second term, but not boat. Same. The search terms occur in the same paragraph. With the search, there's occurs seeing the same sentence. Attach the search terms occur in an adjacent to each other in the order specified in the search. Near the search damps occur in the same sentence within the specified number of words of each other. For example, the search doc near two, ket will retrieve records for which the words doc and ket appear in the same sentence with at most one word between, dont worry about oh, the separators for most of the time you need to use only some of these options, as you'll see later on the course. Okay, the next areas which deserves our attention are the drop-down menus on the right side of the input fields. They contain identical criteria. 17. Searching by criteria: Full mark: Searching by criteria. Okay, let's check what criteria we are offered in the right-hand drop-down menus. We will do this while conducting researches, which we'll show you how to use these criteria in practice. For the purpose of this example, let's imagine that we are interested in searching for a brand-name cat. Okay? If we type cat in the first left input field and click submit query button, the database will give you more than 63 thousand results. You can note that some of the marks don't include the cat name at all. The reason for this is that without any criteria, setup the database, you produce everything that includes in the trademark documentation the world kept. For example, brand names, company names, or any other text where ket is mentioned it obviously this is not useful for us because we target only Cat brand names to limit your results and to make them more accurate, you need to choose four mark from the right drop-down menu. Fueled. For mark means that the produced results will include only the name that you are looking for. Hit submit query. The database will give now 239 results, all of which concerned to work get before continuing with the rest of the criteria. Let's see in the next video what one trademark file looks like. 18. Trademark file: Trademark file. Let's open one trademark file in order to see what it offers information. First of all, it shows us the trademark and its image. After that, we have Goods and Services. Here I see abbreviation means International Classification misclassification. Apart from these, the US classification codes are presented to. In order to avoid confusion, you can rely only on the nice classification. It is enough. Next we have the mark drawing code, which describe the mark visual elements. Beneath you can find design search code, which gives codes for every of the image elements. The serial number is the number given to the trademark application by the USPTO. The filing date is the next element of the file. In addition, you can find information about the owner. It's Atari, if any, the registration date and the living indicator which shows whether the mark is active for abundant. But you can learn even more from these file. When you click on the T SDR, you enter the documentation directory. There. You can find and open all documents issued with regard to these mark. You can find the application itself, the examination documents and so on. This is very useful, especially if you want to sell the chances for registration of your brand. Reading the documentation, you will be able to identify existing obstacles or positions, etcetera. This will help you to build your strategy. Okay, in the next lecture, we will continue with the rest of the search criteria. 19. Basic and Mark Indexes: Welcome back. You've learned so far how to search by brand-name in combination with four Mark option. However, this is not enough for a comprehensive search at all. For example, what will happen if there other trademarks that are similar and not identical to yours. The search with full mark shows you only identical marks. To find out similar trademarks, you have to choose another option, basic index from the right drop-down menu. This will allow you to search for similar trademarks that can be a threat to your perspective application. Basic index contains the word mark to mark information for better efficiency. For instance, the search doc with basic index, we retrieve marks that include, among other words in their structure, the word d2. In brief, it gives small variations of the search name. If we tried these four kept, it will give us more than 9,300 results covering the word cat, in contrast with the previous options where we got only kept marks, here we have KEK in combination with other words, had the beginning, middle, or it's gentle the marks. So these are what we call senior trademarks. They contain our brand-name kit, but they are different in the rest of their content. Another similar to basic index criterion is Mark index. It gives you o trademarks that contain the word that you are looking for. For example, if we use it for cat, it will give us a lot of Trademarks that contain this word. It doesn't matter where it is at the beginning, in the middle, or at the end of the size. There in mind, however, that market index produces less results then basic index about six thousands because it doesn't catch all possible variations of the word. Although it is useful due to the fact that it can provide more close results for completeness, basic indices always a better option. As you can see the idea to go over all these results and to compare them with your trademark, sounds almost impossible. The way to limit the number of results is to use the right classes of goods and services which are relevant to your brand. This year will be our topic for the next video. 20. International Classes: So far, we've done a very broad search for trademarks that target specific products. Essay mentioned. However, when you apply for a trademark, you need to specify in your application particular goods and services for which your mark will be valid. Debt will be the scope of your trademark protection. In order to extract trademark results for particular goods and services, you can use international criterion. For that purpose, we need to use the so-called mis-classification. For instance, let's assume that our kit brand will be used for biscuits. To identify which are the classes for biscuits, you can use the USPTO website where you can find a tool for that purpose accessible, true the sink that can be found in the lectures notes, type biscuits in the input field and hit Enter. It will give you all the classes related to this product. In our case, the class where these kids are placed in class 30. Go back to the trademark database. In the first input field, we have our kid brand and basic index criterion already chosen type yesterday in the war left input field. And important caveat here for the US database to work correctly, you have always to put a 0 in front of the class number. After doing that, opt for international class from the right dropdown menu and choose the and operator and next to it, the end operator here is crucial because otherwise the search won't include clustered. So in this way, you will limit your search only to those trademarks which are redistributing posterity. That's why you get only a 149 results less than before, which makes them easier for an inspection. If you want to search for more than two classes at the same time, you just have to type them one after another, separated by commas. In that way, you will get o marks which are registered either for both or for one of them. If you want to extract only dose of the marks that are registered for both classes at the same time, you need to type and between the classes in debt weigh, the database will produce only trademarks that are registered for both clusters. If we add cluster T2, which is for soft drinks, to our search using common space, we will get more results similar. The marks will be only four costs 30, some for 32, as you can see when you add and between the classes. This will provide us only with results that are for both classes. Here the results are significantly less. What we've done so far is to do a primary search based on a brand name and the relevant costs of goods and services. This allow us to get only those of the earlier registered trademarks that are of interest for us. 21. Goods & Services and Decimal Mark options: We continue with the goods and services topic. In some situations, you will probably want to look deeply at results related to some very specific goods and services. For example, we got hundreds of results from our searches using the nice crossword biscuit. But although we are interested in, in this particular product, we did a search for the whole nice crust where these priorities placed amongst many other products such as bread, poetry suites, snacks, et cetera. To some extent, searching based on a whole class. He's a good practice because it will show you the whole picture. Your marks for identical or similar goes. This will help you to avoid possible disputes. However, in addition to the above, Search for the entire class, you can search by very specific price two, which will give you even more clear vision about, oh, trademark that target you are exact product. So we now are kept example, if we type these kids in the down left field and choose goods and services from the right drop-down menu, we will get only those of the results that contain these kids. You can see the goods in both. This is very helpful and can reduce significantly the time for your search. Bear in mind, however, that you have to search based on a class two in order to be sure that there are no close trademarks for very similar prose, which can possibly create a conflict. Another interesting search option is when your trademark contains a specific signed it is not a letter or a number. For example, if the mark contains door sign, you can use decimal mark criterion to search for all moms that contain the sign. Unfortunately, to do this, you need to find out a specific number which references to design from a list provided by the USPTO linker, which can be found in the lectures notes. In our case, the number of Mordor sign is 36 after debt, we have to type 36 in quotes in the lower left field. Don't forget to opt for the operator. Finally, we have to choose this hemo mark from the right-hand drop-down menu. These will give us all Kit mark that includes the door sign. 22. Description of mark and disclaimer: Another search option is description of Mark. If you want to find out o ket trademarks that contain the word yellow in their description. You can write yellow in the war left input field and to choose the description of mark from the right drop-down list. All this has to happen in combination with the market and basic index. These criteria and is helpful when you want to search for some specifics that describe trademarks. Let's move on to the next criterion. Some words cannot receive protection as a trademark due to disruptiveness. For example, bread cannot be registered for breads type products. However, if such words are part of combined trademarks with other graphics or word marks consists of more than one word. Sometimes the Patent Office will require these words to be excluded from the scope of protection in order that the mark is a hoe to receive protection. This is called the disclaimer. If you want to search based on words that are disclaimed, you need to choose disclaimer criteria from the rights drop-down list. Let's try this sweet. The workforce in combination with our cat name. Type it in the left field below kit and choose disclaimer from the right drop-down list. Don't forget the operator. After that click Submit. It will give you all kept marks that contain a disclaimer for the word food, such as this one, for example. This means that the word fort itself is outside the scope of protection, such as search is useful because you can check which words cannot be protected as trademarks. 23. Filing date and Live/Dead indicator: Welcome back. If you want to search based on the date when a trademark application is filed in the patent office, you can use the filing date criterion from the right-hand drop-down menu. The date has to be written in year, month, date sequence. So for example, if you search for a kid trademark far out on October 11th, 2010, you need to viewing the war left field with 20101011. This will give you a tour results, one for an active trademark and the other four, inactive. If you want to search for a trademark of out within a specific period of time, for instance, a month, you need to add a dollar sign after the date, for example, 201011 door sign. As you can see, it gives you more trademarks. So with filing date within November 2010, searching for trademarks filed after a particular date can be done based on the combination written in the left input field, which uses the abbreviation with the greater sign and the dates. This means that your search we will start on October tenth, 2018. Okay, another option, let's suppose that we want to find out, okay, trademarks that are still active, we can achieve this using leave that indicator, which shows us either valid or abundant marks. Or we have to do is to choose these criteria from the right drop-down menu while typing Life on the left input side. As you can see, all of these marks are still. 24. Mark Drawing Code: Okay, the next option in our list, we'll cover situation where you need to search for trademarks based on whether they have some drawings or combinations which works. If you want to search in that way, you can choose Mark drawing code criteria and from the drop-down menu, this table provides an approximate a grass is of each of the seven mark drawing codes with their text descriptions, they are used to identify the relevant type of drawing. This table is available in the USPTO website when you click on the Help tab and scroll down. So in brief, you can choose one of these codes, typing kit, the indirect field, and opting for Mark drawing code from the drop-down list. If we choose code number three, type thing quotes the database you provide us which trademark det combine the word kit SOS or description. This happens because according to the code number three refers to mark. That includes design elements and words or letters as well. 25. Other data and owner name and address: If you want to search for other information related to a trademark, you can use other data criterion which will give you other specific information such as court order, it restrictions, trademark use information, and so on. For example, when we use these criterion for ket and type goods on the left field, opting for other data from the right-hand drop-down menu, we will get several results. If we open one of them, we will see the mark and it's number US farm-raised catfish with the number where the other data row will tell us that the certification mark is used by authorized persons, certifies that the goods are getfield born and raised in the US, which meets standards set by us. Whoa and our farm rised and grain-fed catfish which meet certain specified standards of and I said by the certified. So with this option, you can find such additional information which sometimes can be quite variable. Let's imagine that you need to know what's trademarks belong to, accompany to search by owner. You can use owner name criterion from the right drop-down menu. So for instance, so we can search for trademarks that belong to companies which names contain the word kept. As you can see, after opening some of the files next to owner. And there is a company name that includes the word cat. Of course, you can get more precise results if you know the exact company name. For example, if we type added AS these will give us all US trademarks belong to that company. Another similar options, owner, name, and address. The only difference is that you can search combining both Dion, our names and addresses. For instance, in our case, if we type New York in the left field and choose owner name, and address from the writer drop-down menu. We will get all kits, trademarks from owners, which are from New York City. You can also search by zip codes, treat or state. 26. Cancellation date, change in registration and priority date: Another interesting option which can be helpful is consideration date. If you want to find those of the trademarks that are canceled within a particular period of time. You can use it. For example, let's find all marks containing kit that were canceled in 20112011. Pause Doris sign in the left input field, choose conservation date from the drop-down menu, click on Submit. Now let's open some of the results. As you can see, the conservation date is indicated here. This trademark is not active anymore. In what way is this helpful? Well, it is because you can identify some similar cancer with trademark center. The reasons for that they were cancelled. This in turn, will allow you to avoid such outcomes for your brand. Building an appropriate strategy. If you need to find trademarks that have hit some changes in their registration status, you can use changing registration criteria. For example, you can type the words change in the left field and to choose changing registration from the writer dropdown menu. In that way, you will get all trademarks containing kit that has some changes in there. Illustrations such as change of the owner, its address, etc. You can find out what are the particular changes by clicking on the TL DR. Tap them on documents. Next is priority date option, which relates to the date of filing of a trademark in a foreign country, which becomes the priority filing date for the same trademark in the United States. This is possible according to the US and internationally, the Paris Convention for the protection of industrial property, which is adopted by many countries around the world. House see if you file for a trademark in one country, and within six months you fall on our application for the same mark in another country to use the date of filing from the first mark. These can give you some advantages, especially if you expand your business internationally. For example, if you want to search for all ket marks with priority date's since 2008, you have to type the following In the left input field, 2008 with door sign, which will tell the database that you want to extract all results from 2008. After that, you have to choose priority date from the right drop-down and you always use the and operator in the far right, otherwise nothing will happen. We get toolkit marks with priority date back to 2008. 27. Pseudo mark, published for opposition date and prior registrations: For some trademarks at the USPTO has edit the so-called pseudo mark index to their search data in order to assist users to identify them easier. Pseudo Marx provides an additional options for locating documents where the word mark may contain an alternative or internationally corrupt. It's pairing for a normal English word. For example, our document with the word Mark for you might contain a pseudo mark of for you. In that way you can find demarc easy if, for instance, you are not sure about its particular sparing. In our case, we'd kit, we can take advantage of these criterion by typing the number four in the left input field while opting for pseudo mark from the writer drop-down menu, it will give us o trademark that include amongst their letter the number of four, which is the meaning of the preposition for. The next criterion is published for a position date with this option, you can find, oh, trademarks that have been published with a term for a position against their registrations that can be filed by other right holders. This means that within a position, every owner of earlier trademarks who thinks that the published mark is similar or identical to Huizong can file such in a position in order to stop it. The initial position periods in the US is 30 days from the date of publication. In some cases, these term can be extended. If we go back to our cat example typing 201911 with door sign in the left field and choose published for opposition date from the right drug drop-down menu. We will get all published trade Massey November 2019. This is handy if you are an owner of already registered trademarks and you want to prevent a registration of later senior science. In that way, you can find new applications that resembles yours. If you have a trademark number and you want to find out the other registration for a trademark belonging to the same owner, you can type the trademark number in the left input field, for instance, the following number and choose pre-registration From the right drop-down menu. It will give you all marks related to, to the same owner. Of course, you can achieve the same results as searching by owner name. 28. Registration date and renewals: Welcome back. Let's continue with the next search criteria. There are two main dates regarding carry trade mark. The first one is the filing date. The trademark protection arises from these date. The second date is the registration one, which is important for other legislation requirements such as proof of genuine trademark use, etc. With registration date criterion, you can search trademarks based on this date. To do this, you have to type 2008 in ten with dollar sign in the left input field and to choose registration date from the right drop-down menu. This you'll give you all get marks, registered it in October 2018, when you open some of the files, you can see the registration date there. You can find trademarks registered even on a particular date. For example, let's say that the date is February 12th, 201920190212 in the left input field under cat and opt for registration date from the drop-down menu. This will give you all cats trademarks, register it on that particular date. Okay, the next criterion is renews. It can help you to find all trademarks that have been renewed within a specific period or on a particular date. Dairy mind that every trademark is registered only for a specific period of time. In most of the countries, this is ten years period. After this date, you need to renew your registration for a new period of ten years. Let's opt for renewals from the drop-down menu and specifying 201810 with door sign in the left one. This will give us o kit marks renewed in October 2018. 29. Serial, registration, international numbers, standard characters and translation options: The search options available is the unique identification number called serial number, assigned by the US Patent and Trademark Office to trademark applications which have received the filing date. If we type this number, for example, in the left field and choose serial number from the right menu. It will give you the mark that is to register it under this number. This is useful in cases where you want to find information for a particular mark which is not registered yet. The next useful criterion is registration number. This is a unique number assigned to applications that have received approval for registration. Type. For example, this number in the less heat and choose registration number from the rice drop-down menu. The difference with the serial number is that this one consumer's already approved for registration science, whereas the previous one indicates trademarks which are only applications. International registration number criteria is similar to the previous one, but it can be used for searching international trademarks for which the USC designated country. This means that they are valid on the US territory and have to be taken into consideration. So for example, dive this international trademark number in the rescued and choose international registration from the rights drop-down menu, the international market will be shown by the database. This is useful if you want to check a particular trademark and its status because it is a direct and faster way. Okay, with standard characters claimed option, you can search for all trademark displayed in standard characters without any graphical representations. In our case, we'd get, if we type standard in the left input field and choose Standard characters claimed from the right menu. The database will give you only trademarks that are worth signs. Translations criteria helps you to find English equivalents to foreign words or characters used in trademarks. For example, our search for wolf will retrieve documents containing the word Walpole or Comi, wobble and other language equivalent to the word Wolf, provided that there is such a translation included in the trademark application. 30. Type of mark, abandonment date, design code and description: We will continue with another search option, which is based on trademark type. There are several types to choose from. Trademark, service mark, collective mark, Collective Membership mark, or certification mark. For example, if we type service mark in the left input field and opt for a type of mark from the right drop-down. And you don't forget the and operator at the far right, the database you produce o kids signs that they're only for services, not for goods. You can rest assured about these by opening one of the files and next to type remark, you will see service mark indication. Using a bereavement date option, you can find the date when one trademark was abundant. In other words, these are sites that are not protected anymore. So for instance, if you want to find all Ke trademarks that have been abundant in 2010, you need to type 2010 with dollar sign in the left field and to opt for a birth month date from the right to drop-down menu. This will give you all Kit marks are abundant in 2010. You can open some of the files where you see the exact day to end when it was happened. Okay, let's move to the design quote criterion, which geese in advance opportunity for searching visual elements within trademarks. It contains a six digit code to find the code for the design element you want to search for. You can use the classification tool provided by the USPTO. You can find the link to DC in the lectures notes. Open the page. If you want to search for cat images, we need to click on keyword search, typing ket in the input field. Click submit. This way will be given o design codes related to this word. Let's pick a 03010 for domestic kits. After that, we have to go back to the trademark database and to enter this number in the left input field while choosing design code from the right dropdown menu. In deadweight, we'll get o kit marks that contains a depiction of domestic kits. However, in case that you don't want to waste time searching based on the previous mentioning design codes, there is a shorter way to extract the same results. You can type the name of the image element in the left input field and to opt for design description from the right menu. These search, however, is not so accurate compare to the previous one, because the cause give more precise results as a general rule of thumb. So all you know, these are the most used and important criteria necessary for searching trademarks in the USPTO database. On top of them, there are several others such as attorney of record, Simon to record it, cetera, but they're either not so essential for the sake of a preliminary trademark search or just require more professional knowledge in order to be used. 31. Final comprehensive search: After you've gained the necessary knowledge regarding the USPTO Trademark database, we can proceed with the complete final search. Before starting. However, I will change the name we are searching for to elephant just not to be bought with our cat example. Let's imagine we're looking for an elephant trademark covering non-alcoholic beverages. The first thing we need to do is to find out the relevant nice quests that covers non-alcoholic beverages. We can use Tm cross classification to accessible from the link included in the lectures notes. After you enter the page, you have to type non-alcoholic beverages in the search theorem inputField. And to hit search, the quality it will be returning a sturdy to. Now knowing that we can go back to the trademark database, typing elephant in the upper-left input field. While choosing base index from the rights drop-down menu them, we have to opt for an operator and to type 032 in the war, left field selecting international class from the right menu. In that way will be provide it with all elephant Mars for non-alcoholic beverages in cluster two to unfortunately, as you can see, some of the marks are that debt is to say not protected anymore. On top of that, if you want to find the only dose of them that contain elephant depiction, for instance, you have to do it manually opening every single trademark file are really cumbersome task. The problem is that we can't add additional input fields in the database in order to use another criterion for our search. This is somewhat disappointing because as I will show you later on in the course, most of the other databases have such additional options. So in brief, you can use the structure research only for two combinations of criteria at a time. This is fine for a brief search, but it is not enough for in-depth one to overcome these inconvenience and to extract more precise results at was, we have to click on the free form type of elbow above the input fields. This is an advanced search option for which you need to be familiar with the search criteria I have already shown you. And in particular their abbreviations because you use only DEM. So free form gives us only one input field, which means that we have to use criteria IS abbreviations available below on the page in order to do a search. Okay, let's type elephant wheat. Bi criterion in square brackets means basic index. After that, we have to at ENT operator followed by class 032 wheat. I see international classification in square brackets. This will give us the same results as in the case of structured research. When you open some of the marks, you note that they're registered for cluster T2. Whenever we want to add additional criteria, we can simply do that using end followed by the relevant option with whitespaces between them. This is important in order for the search to work properly. Let's set a design description to type and followed by elephant width, d, d, nice design description in square brackets. When we click on submit, we will get o elephant marks for non-alcoholic beverages that contain an elephant image. When you click on some of the marks, you see exactly such depictions. We can go even further checking which of these marks are registered for Jews in particular, to do that, we only need two at nth fold by Jews, GPS in square brackets means goods and services. This allows you to target your search quite precisely. If we want to see how many elephant marks were being found in a particular year, we need to add. And Ford, for example, by 2003 with dollar sign and FDI in square brackets means filing date. In a nutshell, these free form ISA better option when you want to combine more than three search criteria in order to extract more precise or the reverse results. They remind that you have to be very careful when you type and choose criteria because these data bases quite sensitive and in a case of mistake, it will not produce anything. 32. Conclusion and summary of the class: In conclusion, we can summarize the following important moments from these costs. First of all, a trademark is a sign that can distinguish ones company, products and services from all others on the market. There are different types of trademarks which you can search for. For example, they are worth marks, combined marks, figurative marks, etc. There are two main principles of trademark protection that are important for implementing a search. Territoriality of rotation, which means that every trademark is varied only on the territory where it is registered. And specialized protection, that is to say, a remark is varied only for the Classes of Goods and Services specified in its application. Trademark protection has have already term in most other countries, it is ten years, which can be renewed indefinitely for next periods of ten years. We've learned what a trademark search and its connection with the brand viewing processes. In brief, trademark search keys more clarity and security for the brand-building process because you can escape some clashes with already rigid three brands. We've gained understanding about the trademark search principles, which are, first and foremost, you have to choose a brand name which will be the subject of your search. Secondly, you need to define the countries where you want to use it. And once you have to classify the goods and services for which you needed the irrelevant broadening for. Next is how to search for trademarks in the US database. In a nutshell, with learnt what are the structures and the options offered by the database. The main criteria that are crucial for every search, our search by word name, search by nice Classes of Goods and Services, and search based on the trademark status. There are many other options in criteria which will extend and deepen your search, but these three are definitely the most central. At the end of this course, I want to say that it was a real pleasure for me to be your instructor. And at the same time, I hope that the knowledge from the class will be available to you in your future activities related to brand-building, trademark use and protection. Having said that, I would like to give you a small bonus of free PDF file where you can find information for the US Patent Office is trademarked database, as well as some other helpful websites and links that can be of help when you do a trademark search, you can find the PDF in the classics project. 33. Some words for the end of the course: Congratulations on completing these quests. I hope that you enjoy it while gaining knowledge and skills on how to do your own trademark search using the official database or the US bacon tours, if you like these quests, I appreciate you giving it a review which would be of a great support for the cost centers. Serious motivation for me as an instructor to move ahead in my attempts to disseminate information for some of the most important intellectual properties cues and creating new classes in that regard. Thank you.