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Trademark Searching is Dead! Long Live Trademark Searching!

After 23 years, the U.S. Patent and Trademark Office is retiring its trademark electronic search system. Or, in government speak, the USPTO is retiring TESS. Supposedly, the retirement is not voluntary. TESS relies on a backend system and programming language that will no longer be supported. I don’t know about the backend and programming language, but the user interface has barely changed since its launch. Here’s what TESS looked like in 2001 when I graduated from law school: Here’s what TESS looks like today: So, like Mike Mulligan’s steam shovel, TESS is being replaced by a more modern search tool. [...]
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TrademarkNow is Launching a Free Search

Usually things just get more expensive over time, so it's always great news when something comes down in price. That's especially true with something as notoriously expensive as trademark searching. So, we were tickled to find out that our search provider, TrademarkNow, is going to be offering a free search! Trademark searching is the most vital part of the trademark process. Not properly clearing your trademark can land you in some legal hot water. That means that every business needs to do a trademark search, even if you don't want to register your trademark. You should do an initial "knockout" [...]
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Need CLE? Check Out The American Bar Association Webinar, “All Clear? Practical Tips for Trademark Searches and Opinions.”

Today, I am participating in the American Bar Association webinar, “All Clear? Practical Tips for Trademark Searches and Opinions.” The program runs from 1:00 - 2:30 PM ET and will discuss the following topics: How to properly conduct a trademark search How searches are treated during litigation The difference between preliminary and full searches What to consider when presenting a trademark search opinion to a client To learn more about and register for the program, click here. As a member of the faculty I’m able to provide you 10% off your registration rate when you enter this discount code CE15CPDWEBVIP [...]
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All Clear? Practical Tips for Trademark Searches and Opinions

I had the great pleasure of participating in a panel presentation about trademark searching this morning at the American Bar Association’s Annual Meeting in Chicago. As you may know, I regularly blog about this subject. The panel provided a thorough overview of trademark searches; including information about why searches are vital, how to properly conduct a trademark search, how searches are treated during litigation, the difference between preliminary and full searches, and what to consider when presenting a trademark search opinion to a client. I discussed preliminary and full searches. In particular, I focused on some of the exciting new offerings from companies such as TrademarkNow and […]

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Outlaw Trademark Issues

Last week, I wrote about how despite their less-than-savory reputations, outlaw motorcycle clubs are excellent role models when it comes to trademark strategy. It’s not surprising that trademarks are critical to these groups. The central purpose of belonging to an outlaw motorcycle club is the affiliation with the group as a whole. The trademarks of these clubs (called “colors”) signify this affiliation. Members of these clubs wear vests, called “cuts” that include the club’s colors as well as indicators of rank and geographic affiliation. If a member of a motorcycle club were not allowed to identify himself as such, he […]

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