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What does the class mean?

All trademarks must be registered in an “International Class.” There are currently 45 different classes and they are categorized by subject matter. For example, legal services are classified in International Class 45, and t-shirts are classified in International Class 25. If you are unsure what International Class your goods/services fall under, the United States Patent and Trademark Office provides a free, searchable database on its website to help you determine the correct class for your goods/services.

Is one class more important than another?

No one class holds more weight than another; however, depending upon the goods/services offered under your mark, classes will be more relevant than others.

What is the "Serial Number" and "International Class Number"?

Every application filed with the USPTO is automatically assigned a serial number by the USPTO.

The International Class number appears in the “Goods/Services” section for each third party trademark. When you see “IC 037,” for example, this means International Class 37. The class number is important because similar marks registered in the same class for similar goods/services are likely to be cited by a trademark examiner as a source of consumer confusion. Likelihood of confusion is one of the most common reasons a trademark application is refused registration.

What is a root word and what does it do?

A root word search enables you to broaden your search results and gain a more complete picture of the existence of potentially problematic third parties. A root word is the most basic form of a word, without any prefixes or suffixes. For example, if the mark is BRIGHTENING, the root word is “Bright.” Root word searches are also useful for isolating key parts of a mark. For example, if the mark is BRIGHTENING SUNSHINE, a root word search could be for “BRIGHT,” “BRIGHT SUNSHINE,” “BRIGHT SUN,” and/or “SUNSHINE.”

What are dead trademark results and should I include them?

Dead trademark results are marks whose application for registration never matured to registration and has been abandoned, or, registered marks whose registration has since been cancelled.

If the mark being searched is relatively unique or distinctive, we recommend including dead trademarks in the search results. This will give you a more complete picture of third party use of the mark. If the search reveals a dead mark that is identical or highly similar to your mark, you should further investigate to determine whether the mark may still actually be in use. This is especially true if, for example, the dead mark is the subject of an application that was abandoned less than two months ago. The USPTO allows trademark owners to petition the USPTO for reinstatement of applications that were abandoned less than two months ago.

What is the TSDR link and why would I need it as a small business?

The TSDR link allows you to go directly to a particular mark’s record with the USPTO. Through the TSDR, you are able to see all action taken on a mark and all documents filed for that mark with the USPTO. This can be very useful! You can also see if the trademark owner was required to disclaim any terms. You will also be able to find out if the mark is registered on the Principal or Supplemental Register. The Supplemental Register is reserved for marks which are merely descriptive and have not yet acquired secondary meaning. This is relevant because although marks on the Supplemental Register can still be cited against your mark, marks on the Supplemental Register are weaker marks and, arguably, entitled to a narrower scope of protection.

What is the order ID?

The order ID is the unique identifer for each individual search.

What do the indicators…indicate?

The indicators give you a quick overview of your search results.

Level of Use: If this indicator shows a high level of use, the mark being searched is weak and diluted.

Risk of 3rd Party Challenge: This indicator helps alert you to whether or not there are third parties using an identical or highly similar mark as the searched mark.

Risk of Rejection of USPTO Registration: This indicator goes hand-in-hand with the “Risk of 3rd Party Challenge” indicator. If there is an identical third party mark registered in the same class as your mark, there is a high likelihood a trademark examiner will refuse to register the mark on the basis of a likelihood of confusion.

What is a term?

A term is the mark that you wish to search.

What is the difference between the "Serial Number" and "Registration Number"?

The serial number, or application number, is for the intial filing date with the USPTO. It will be 8 digits. You will only have a registration number if you have officially registered your mark. The registration number will be 7 digits.

What's the difference between a "Correspondent" and an "Owner"? What is the "Correspondent Information"?

The Correspondent is the point of contact for a particular mark. The Owner is the individual or business who actually owns the mark.

The “Correspondent Info” (Corr Info) is the address for businesses or individuals using the exact or similar mark you are searching.

What does the "exclude owner meaning" function do?

This function gives you the ability to exclude any marks owned by a particular individual or company from the results.

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