#Trademark database full#
Getting a knock-out searchĪt Richards Patent Law, we perform knock-out searching prior to initiating any full searches or trademark applications. Therefore, a clear knock-out search cannot be relied on as a predictor of success at the application stage nor can it assure the potential applicant that the mark is not an infringement risk. Sometimes the knock-out search is all that is necessary to determine that a proposed mark is likely to conflict with a registered mark, and in those situations it is useful to rely on that knowledge rather than incurring additional costs to pursue the mark.Ī knock-out search does not provide comprehensive results of a trademark’s availability. Knock-out searches provide the applicant with information about whether a trademark is so likely to fail in an application that it does not merit further searching or an application. For example, if the proposed mark was LAMP COMPANY, the searcher would look for results for “Lamp Company,” but not “Lamp Store” or “Lighting Company” even though these marks could come into conflict with Lamp Company due to their proximity in meaning. This database will return identical or close matches for a trademark that includes the words in the mark in question.Ī knock-out search typically only includes searches for the mark itself, and not close variations on the mark. It also includes registered marks that have since been cancelled and trademark applications that have been abandoned. This includes both applied-for marks that have not registered and registered marks. Knock-out searches cover all the marks on the Federal Register Trademark Electronic Search System database. Knock-out searchĪ “knock-out” search refers to a search of the Federal Trademark Register to determine if the trademark in question is likely to fail in securing a trademark registration. Trademark searches are generally classified as being either a “knock-out search” or a “full search.” Each type of search is explained below. An appropriate searching strategy will consider the nature of the mark, the nature of the goods/services the mark covers, the timeline for bringing the mark to commerce, and the applicant’s allocation of resources. Trademark searches can be narrow in scope or can include results from every avenue for trademark protection for every mark is remotely similar to the mark that is the subject of the search. Trademark searches refer to any action taken for the purpose of determining whether and/or a trademark is used in commerce.
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