TMReady

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Key Parameters to Perform USA Trademark Search
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USA Trademark Search

• There are nearly 60 million live trademarks in
  the world today which completely depend on
  comprehensive and reliable strategies to ensure
  full protection to your brand.
• USA trademark search involves highly specific
  search functions which arm you with the right
  information from the right databases to protect
  your brand and help you make cost-saving
  decisions.

• There are various key parameters you must
  consider to make your search reports look
  approachable and information-rich for your
  clients.
• Trademark Name Search
• Pseudo Mark
• Design Search Code
• Live and Dead Marks
• Proper Classifications
• Goods and Services

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Trademark Name Search

• Trademark name search is also known as clearance
  search.
• Trademark Name Search must be considered as the
  most primitive task to conduct to ensure that you
  are choosing a unique trademark.
• Otherwise, any confusingly similar trademark can
  face rejection from the USPTO during its
  examination.

• This search forms an essential component of USA
  Trademark Search as it helps in listing out
  similar trademark names.
• You can easily conduct a name search by
  consulting any professional and use the following
  platforms to do so.
• Trademark Electronic Search System (TESS)
• Google Search, Adwords, Keyword Planner, and
  Alerts
• Third-party tools (software or manual search)

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Pseudo Mark

• Pseudo Marks refer to translations, phonetic or
  similar sounding marks, correct spellings of
  deliberately misspelled things, spelled-out
  abbreviations, and so on.
• You must ensure excluding these pseudo marks
  while conducting a USA Trademark Search.
• Mostly, this field is not displayed and contains
  spellings for terms including, 4U in a mark,
  for which for you must be mentioned in pseudo
  mark field.

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Design Search Codes

• Design Search Code constitutes of a six-digit
  number that aids examiners and applicants to
  search the USPTO database for marks which may
  have similar designs. These six-digit numbers are
  arranged in three two-digit groups, where the
  first two digits signify any general type of
  design.
• These Codes help applicants in conducting an
  effective search before they file for a trademark
  application. Further, it also helps examiners in
  evaluating whether the mark belongs to any
  previously filed application or not. The USPTO
  database helps attorneys and the general public
  to search for marks that resembles the filed
  application.

Fig Multiple Design Element a search for a mark
with an Elephant (03.03.01) and a blanket
(09.01.07).

• So, to ease out the process of searching through
  the database, each design element in a mark is
  given a numerical design search code. A design
  element refers to any element which is not a word
  and is only a form of depiction of any object.
  The numerical code helps in identifying if your
  mark resembles any previously filed mark in
  appearance, sound, or meaning.

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Live and Dead Marks

• Live trademarks refer to the marks which are
  still in use. These marks possess the ability to
  block the registration of a pending application.
  Further, they also help in identifying and paying
  attention to the goods and services if the
  registered mark is of a particular concern. A
  trademark is regarded live when the trademark
  registration is maintained using the 6 -months
  grace period and meets all the requirements to
  remain live and being used.

A dead trademark is the one which has expired,
cancelled, or abandoned. So, these marks are not
helpful in blocking any pending applications. If
a trademark application has never matured into a
registration, you can only see an application
number for it. Dead trademarks arise due to their
inability to meet their deadlines for renewal or
pass to overcome a refusal.

• However, in some cases, the trademark owners do
  not complete the process of trademark renewal and
  continue to use the mark. These marks are also
  certified as dead marks but are still in use.

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NICE Classification

• The International Classification of goods and
  services or NICE classification provides a system
  of classifying goods and services for an
  applicant trying to register a trademark. This
  system was established by the NICE Agreement in
  1957as given below.

45 Classes The goods and services are grouped
into 45 classes
Goods Class 01-34
Services Class 34-45
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Goods and Services

• A federal trademark registration provides healthy
  protection to a trademark in the United States.
  However, that protection will only work in cases
  where the identification of goods and services is
  done by choosing the correct class. This forms a
  vital part of securing an applicants trademark
  rights.
• An applicant must always consider conducting a
  USA Trademark Search on goods and services.
  Possibly, their choice of goods and services may
  possess a tendency to fall into other classes.
  However, there are only a set of specific
  international classes which might fit
  appropriately for the respective goods and
  services an applicant intends to obtain his
  trademark rights for.
• This makes them presume that they might fall into
  classes which are not evidently visible and are
  called hidden classes. Thus, this helps in
  catching hold of other conflicts which may
  include other hidden classes and helps in
  distinguishing your goods and services from those
  of your competitors.

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NICE Classification of Goods and Services
Classes Goods/services Classes Goods/Services Classes Goods/Services
Class 1 Chemicals Class 16 Stationary Paper Goods Class 31 Fresh Fruits Vegetables
Class 2 Paints, Coatings Class 17 Rubber Products Class 32 Beer Beverages
Class 3 Cleaning Products Class 18 Leather Goods Class 32 Alcoholic Beverages
Class 4 Fuels, Industrial Oils Class 19 Building Material Class 34 Tobacco Products
Class 5 Veterinary Products Class 20 Furniture Class 35 Advertising Business Services
Class 6 Metals Metal Coatings Class 21 Crockery Class 36 Insurance Financial Services
Class 7 Machines and Machine Tools Class 22 Ropes Class 37 Construction Repair Services
Class 8 Hand tools and Implements Class 23 Yarns Threads Class 38 Telecommunication Services
Class 9 Computers and Scientific Devices Class 24 Fabrics Class 39 Shipping Travel Services
Class 10 Surgical Instruments Class 25 Clothing Footwear Handbags Class 40 Treatment of Materials Services
Class 11 Appliances Class 26 Lace and Embroidery Class 41 Education Entertainment Services
Class 12 Vehicles Class 27 Carpets Class 42 Science Technology Services
Class 13 Firearms Class 28 Games Toys Class 43 Food Services
Class 14 Jewellery Class 29 Meat Extracts Class 44 Medical veterinary Services
Class 15 Musical Instruments Class 30 Coffee Rice Products Class 45 Legal Security Services
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TMReady (Formerly The Trademark Search
Company)
Website https//thetrademarksearchcompany.com/