An
Extensive Analysis Of Doing Trademark Searches On The Web — Sites That Search
Registrations, Sites That Do Trademark Searches Of The Web And Using Web Search
Engines
Trademark Agent and Manager in International Affairs
Lungtin International Patent & Trademark Agent Ltd. Hong Kong
As the Internet has been increasingly
involved in information dissemination and collection, more and more
institutions and individuals have tried to promote their products and services
on their Web sites. The field of trademark searching is no exception. In the
past two decades, the so-called "quick and comprehensive search,"
without going back to combing stacks of books, has involved CD-ROM products and
on-line search services such as DIALOG, Questel-Orbit, Lexis and Westlaw. Now
trademark searching service providers, from giants like The West Group and Mead
Corporation to small service companies, have all acknowledged the profound
impact of the Internet and respectively made a presence on the Web. This paper
will focus on:
I.
Web Sites For
Trademark Registration Search And Their Distinctive Features
1.
TRADEMARKSCAN®
Databases on SAEGIS(http://www.thomson-thomson.com)
Thomson & Thomson, the leader in
trademark and copyright search services, offers as part of its SAEGIS Service a
collection of trademark databases on the Web. SAEGIS, a coined word by the
company, is derived from the words "sage," meaning one who possesses
profound wisdom, and "aegis," a mythological shield or protector.
Subscription to SAEGIS is free. The distinctive feature of SAEGIS is that it
provides two search options, depending on the searcher’s level of expertise and
information needs, to search the following databases collectively called
TRADEMARKSCAN(as of Apr. 30 1998):
Austria
Benelux
Canada
Denmark
European Community
France
Germany
International Register
Ireland
Italy
Liechtenstein
Monaco
Spain
Switzerland
United Kingdom
U. S. Federal
U. S. State
AutoQuery
The searcher enters the proposed trademark,
and AutoQuery assesses the search criteria, dissects the trademark and
generates a series of questions designed to uncover potentially conflicting
marks.
Single database$50*
Group database:
U. S. Federal and State$65*
U. S. Federal, State and Canada$80*
European(all European databases)$185*
* Prices are per search for up to 75
full-text records, except European database which is up to 100 records. Add
$2.50 for each additional record. Result can be downloaded to disc or printed
out without additional fee. No charge for connect time.
Custom Search
The searcher can develop his or her own
strategy to screen trademarks, conduct owner searching and perform sophisticated
searching by class, goods, design, TTAB actions, claims and other various
information. The searcher can open above files individually or simultaneously.
There is no charge for connect time.
Pay for only the records viewed:
Trademark only$.25 per record
Full-text record with image$2.50 per record
Domain Name Search
As world leader in trademark and copyright
services, T&T maintains an extensive collection of trademark data. Now the
company has an integrated domain/trademark search product on SAEGIS for searching
domain names registered with Network Solutions, Inc. and the Canadian Domain
Name Registrar that have .com, .edu, .gov, .net, .org, and .ca suffixes. It
plans to offer a world wide domain name search of 140 counties and regions
soon, which will cover mainly the owner’s name and country name. As of Apr. 30,
1998, domain name search on SAEGIS is free.
Site Comber TM Search ($35 per search)
The SiteComber Search on SAEGIS is an
exciting, new, fully automated service that helps the searcher to conduct a
Common Law screening of Web sites for literally exact occurrences of the
proposed trademark.
Some distinctive features about Thomson
&Thomson’s Saegis Web search:
a.
Searchers, from novices
to professionals, are well guided with the two search options. By using Auto
Query, the searcher can spend valuable time analyzing results, rather than
formulating complex queries. It is an easy-to-use screening tool for users of
any skill level. With Custom Search, the searcher can employ his or her strategy
or satisfy a particular query by checking pertinent information or simply
narrowing the search scope.
I tried a search on Saegis with the trademark
"Gucci." First I conducted a search with the Auto Query option. Since
the mark entered must appear as it will be used with NO TRUNCATION OR BOOLEAN
OPERATORS OR ANY CONNECTORS, it was similar to an exact mark search on native
DIALOG. There were 75 hits.
Sample Display of Search on Saegis (search conducted on Apr.30, 1998)
Search Criteria:
Source = U.S. Federal
Trademark = gucci
Goods = clothing
Retrieve Hits = 75
Viewed Thu Apr 30 15:38:26 1998
Then I tried the more sophisticated Custom
Search and got 8 hits.
Sample Display of Search on Saegis (search conducted on Apr.30, 1998)
Hits 1 - 8 of 8
1.COLLEZIONE DI JENNIFER GUCCI
PENDING Class: 14 18 25
CLOTHING, NAMELY BELT...
JENNICOR, LLC
U.S. Federal
2.GUCCIO
ABANDONED Class: 9 14 16 18 25 34
(INT. CL. 9) SPECTACL...
G. & G. S.R.L.
U.S. Federal
3.GUCCIO G
ABANDONED Class: 14 16 18 24 25 28 42
(INT. CL. 14) JEWELRY...
G. & G. S.R.L.
U.S. Federal
4.GUCCINI CONTINENTAL GC
ABANDONED Class: 25
VARIOUS ITEMS OF CLOT...
GUCCINI CONTINENTAL, INC., HIALEAH
GARDENS, FL.
U.S. Federal
5.GOO CHEE
ABANDONED Class: 25
INFANT CLOTHING
RACHAEL M. ELLIS, SCOTTSDALE, AZ.
U.S. Federal
6.GUCCI
REGISTERED Class: 42
RETAIL STORE AND MAIL...
GUCCI SHOPS, INC., NEW YORK, N.Y.
U.S. Federal
7.GUCCI
REGISTERED Class: 25
CLOTHING, MADE WHOLLY...
GUCCI SHOPS, INC., NEW YORK, N.Y.
U.S. Federal
8.GUCCI
REGISTERED Class: 21
BAR ACCESSORIES, NAME...
GUCCI SHOPS INC., NEW YORK, N.Y.
U.S. Federal
Your Search Criteria
Publication: tmk
Source(s): U.S. Federal
Trademark : Gucci* or Gucco* or Guci* or
Guce*
(and)
Goods : clothing
Cross References Are On
Plural Rules Are On
Viewed: Thu Apr 30 15:52:33 US/Eastern 1998
2. DIALOG Web (www.DIALOGweb.com)
DIALOG Web provides command-mode searchers
with the same content and functionality of DIALOG in the environment of the
Web. DIALOG Corporation uses Thomson&Thomson’s TRADEMARKSCAN Databases for
trademark search. So the search features are basically the same as with that of
T&T. Trademark registration searching coverage currently includes:
Trademarks -- All Trademarks --
European & International Register
Trademarks -- U.S. and Canada
Trademarks -- U.S. Federal and State
A detailed list is as follows:
126: TRADEMARKSCAN® - U. K.
227:TRADEMARKSCAN® - European Community
228:TRADEMARKSCAN® - Spain
657:TRADEMARKSCAN® - France
658:TRADEMARKSCAN® - Benelux
659:TRADEMARKSCAN® - Denmark
661:TRADEMARKSCAN® - Switzerland
662:TRADEMARKSCAN® - Austria
663:TRADEMARKSCAN® - Monaco
671:TRADEMARKSCAN® - International
Register (WIPO)
672:TRADEMARKSCAN® - Germany
673:TRADEMARKSCAN® - Italy
676:TRADEMARKSCAN® - Ireland
677:TRADEMARKSCAN® - Liechtenstein
226:TRADEMARKSCAN® - U.S. Federal
246:TRADEMARKSCAN® - U.S. State
127:TRADEMARKSCAN® - Canada
From the writer’s point of view, Thomson
& Thomson and DIALOG at this point have offered the most sophisticated
search features unmatched by most other Web sites. The following is a short
summary:
a.
Individual v. Group
Search Report. Using DIALOG, the searcher can set the search in a way that
later enables him to view the individual set report as well as the group
report. In my trial search for the mark GUCCI, I typed GUCCI GUCCO GUCI GUCE in
the form of truncation and set to search the whole group. The report revealed
certain hits in each particular term and certain hits all together as a group.
When I condensed my search by international class, I obtained similar report
pattern.
Sample Display of Search on DIALOG (search conducted on Apr. 27, 1998)
S1 54 TR=GUCCI?
S2 0 TR=GUCCO?
S3 2 TR=GUCI?
S4 2 TR=GUCE?
S5 58 TR=(GUCCI? OR
GUCCO? OR GUCI? OR GUCE?)
S6 30298 IC=24
(FABRICS)
S7 180675 IC=25
(CLOTHING)
S8 11928 IC=26 (FANCY
GOODS)
S9 123842 IC=28 (TOYS
& SPORTING GOODS)
S10 16 S5 AND IC=(24
OR 25 OR 26 OR 28)
b. Display of all Search Results : This is an ideal way
for the searcher to view his or her previous set search, make an analysis, and
either further the search by combining relevant sets (subject to his or her
analysis) or type a particular set to view pertinent marks.
Sample Display of Search on DIALOG (search conducted on Apr. 27, 1998)
Set Items Description
S1 54 TR=GUCCI?
S2 0 TR=GUCCO?
S3 2 TR=GUCI?
S4 2 TR=GUCE?
S5 58 TR=(GUCCI? OR
GUCCO? OR GUCI? OR GUCE?)
S6 30298 IC=24
(FABRICS)
S7 180675 IC=25
(CLOTHING)
S8 11928 IC=26 (FANCY
GOODS)
S9 123842 IC=28 (TOYS
& SPORTING GOODS)
S10 16 S5 AND IC=(24 OR
25 OR 26 OR 28)
S16 91538
GS=CLOTHING
S17 8 S1 AND
GS=(CLOTHING)
Sample Display of Search on DIALOG (search conducted on Apr. 27, 1998)
17/2/1
COLLEZIONE DI
JENNIFER GUCCI <COLLECTION OF JENNIFER GUCCI>
17/2/2
GUCCIO
17/2/3
GUCCIO G
17/2/4
GUCCINI CONTINENTAL
GC Stylized Letters
17/2/5
GOO CHEE
17/2/6
GUCCI and Design
17/2/7
GUCCI
17/2/8
GUCCI and Design
c.
Image Availability. Just
like Seagis, DIALOG Web have pictures of the mark and trade dress if there are
any. It is thus very convenient for the searcher to see the picture and get a
direct impression of the mark.
1. U.S. Sources to Search: Federal, State,
Federal and State
2. Search Words in Trademark: Words
containing, Whole word/phrase, Words starting with, Words ending with
3. Search Exact Trademark:
4. Search by International Class: All
class(default format unless chosen)
6.
Search by Owner:
7. Search by Number:
Registration number, Appln/Serial number(Federal only)
8. Focus by Word or Design: All Marks, Marks
containing Designs
9. Focus by Status and Year:
Any, Active, Inactive, From(1990-98), To(1990-98)
In consideration for its sophisticated search
features, searching on DIALOG Web is not cheap. With the above Guided Search,
the mere title list will cost $0.25 per record. Moreover, the clock starts
counting once the searcher enters the particular database. For instance, with
US Federal and US State file, each minute is charged for $1.00. In addition,
printing of a full text report is $2.20 per report. Data access fee and
printing charge is even higher with the common law database. For instance with
Dunn & Bradstreet (Files 515, 516 and 519), $1.35 is charged for one minute
and the full text print out is $3.25.
Unlike the Classic DIALOG on line search
where people are billed by their connecting time, DIALOG Web bills searchers
for the time when relevant files are activated. The company promotes Dialog Web
by claiming that people using DIALOG Web are charged ten times cheaper than if
they conduct a DIALOG on line search. However, this economic advantage
sometimes works in a disadvantageous way. Recently more than a few searchers
have complained that it takes unreasonably long time to get a search command
accessed and responded on DIALOG Web. When I tried my search of the mark GUCCI,
I only opened one file (U. S. Federal). I sent out the command and waited for
over 30 minutes before getting any response. It took me less than 10 seconds to
get the same result from Dialog on line service.
3. Trademark Checker from Micropatent (http://www.micropatent.com)
Micropatent’s Trademark Checker offers U. S.
federal trademarks on file at the U.S. Patent and Trademark Office, covering
over two million trademark records which include all pending and registered,
live and dead marks dated from Apr.7, 1884 to Mar.31, 1998(as of Apr. 4, 1998).
The distinctive feature searching with Micropatent is unlimited searching over
forty searchable fields for text and images (where available) upon payment of a
flat subscription fee. There are three applicable schemes: daily subscription
of $35/day, monthly subscription of $295/month and annual subscription of $1995/year(as
of Apr.4, 1998). Subscription price covers all costs. There is no transaction
charges or downloading fees. The following is a list of databases under
Micropatent’s Trademark Checker. They are updated weekly within 3 days of
receiving tapes from the U. S. Patent and Trademark Office.
|
Field |
Search |
Display |
Field |
Search |
Display |
|
Word Mark |
Ö |
Ö |
Registration Date |
Ö |
Ö |
|
Pseudo Mark |
Ö |
Ö |
Published for Opposition |
Ö |
Ö |
|
Description of Mark |
Ö |
Ö |
Date Renewed |
Ö |
Ö |
|
Translation of Mark |
Ö |
Ö |
Published 12C |
Ö |
Ö |
|
Design Search Codes |
Ö |
Ö |
Affidavits |
Ö |
Ö |
|
Owner Name |
Ö |
Ö |
Section 2F Limitations |
Ö |
Ö |
|
Owner DBA(doing business as) |
Ö |
Ö |
Amend Supplemental Register |
Ö |
Ö |
|
Owner Street Address |
Ö |
Ö |
Type of Mark |
Ö |
Ö |
|
Owner City |
Ö |
Ö |
Mark Drawing Code |
Ö |
Ö |
|
Owner State |
Ö |
Ö |
Status |
Ö |
Ö |
|
Owner Zip |
Ö |
Ö |
Status Date |
Ö |
Ö |
|
Owner Country |
Ö |
Ö |
Disclaimer |
Ö |
Ö |
|
Attorney |
Ö |
Ö |
Assignment History |
|
|
|
International Class |
Ö |
Ö |
Assignor/Assignee Name/Address |
Ö |
Ö |
|
U.S. Class |
Ö |
Ö |
Attorney |
Ö |
Ö |
|
Goods & Service |
Ö |
Ö |
Real/Frame Number |
Ö |
Ö |
|
First Use Date |
Ö |
Ö |
Assignment Brief |
Ö |
Ö |
|
First Used in Commerce Date |
Ö |
Ö |
TTAB Actions |
|
|
|
Register |
Ö |
Ö |
Proceeding Number |
Ö |
Ö |
|
Serial Number |
Ö |
Ö |
Parties(Plaintiff and Defendant) |
Ö |
Ö |
|
Date Filed |
Ö |
Ö |
Attorney |
Ö |
Ö |
|
ITU(Intent To Use) |
Ö |
Ö |
Date Filed |
Ö |
Ö |
|
Registration Number |
Ö |
Ö |
Status |
Ö |
Ö |
I did my GUCCI search on Micropatent’s
Trademark Checker using truncation form of "Gucci*" or
"Gucco*" or "Guci*" or "Guce*." Interestingly I
was able to retrieve 7 documents. Micropatent missed the mark COLLEZIONE DI JENNIFER GUCCI
<COLLECTION OF JENNIFER GUCCI>. It seems their software does not provide foreign language
translations.
Sample Display of Search on Micropatent (search conducted on Apr.28, 1998)
MicroPatent® Trademark Checker
Word Mark: "Gucci*" or
"gucco*" or "guci*" or "guce*" Goods & Srvs:
clothing
7 trademarks.
1. Report GUCCI 19790206 GUCCI SHOPS,
INC.
2. Report GUCCI 19820727 Gucci Shops,
Inc.
3. Report GUCCI 19811117 GUCCI
AMERICA, INC.
4. Report GOO CHEE ELLIS, RACHAEL M.
ONNE VAN
5. Report C G GUCCINI CONTINENTAL
GUCCINI CONTINENTAL, INC.
6. Report GUCCIO G G. & G. S.R.L.
7. Report GUCCIO G. & G. S.R.L.
Some notes about Micropatent’s Trademark
Checker.
a. Micropatent can offer a Word Mark Search
as well as a Images (Logos) Search. With the Word Mark Search, it means
searching of a mark or portion of a mark which contains words, letters or
numbers. Searchers can search on words in the mark, as well as use truncation
and wild cards. Valid truncation operators are:
*--Replaces any number of characters
(including none) in the search term. May be repeated and placed anywhere in the
search term.
?--Replaces one and only one character in the
search term. May be repeated and placed anywhere in the search term.
Examples:
*olar -- Retrieves Solar, Scholar, etc.
B?ll -- Retrieves Bell, Ball, etc.
Pol* -- Retrieves Police, Polo, etc.
The "Design
Code" field is used to search on design elements within a trademark image
(logo). Although this field is active in the text-only mode, the image will not
appear in the display unless searchers have selected the "Text and Images"
option in the order-entry screen. Design searching follows the rules
established by the US Patent and Trademark Office's "Design Search Code
Manual". In this manual all design elements: circles, squares, dogs, cats,
stars, galaxies, etc. are given a unique number. Within The Trademark Checker,
searchers have the option to search images by either the design code number or
the words these numbers represent. The design code manual often describes
design elements in plural form. The use of the truncation symbol will find both
singular and plural forms at the same time.
Example: Design Codes: 210301 or Design
Codes: golf balls
Both searches will give the same results.
b. Searching on Other Fields:
The Trademark Checker allows searching on any
one or combination of fields in the above chart.
Example 1: Int'l Class: 002 Owner: Sears
Finds paint-related marks owned by Sears.
(Note, the class field is a 3-digit number. One must enter leading zeroes:
i.e., "003" for Class 3; "018" for Class 18.).
Example 2: Owner: Dow Sec 1B ITU: all
Finds all marks applied for by Dow under the
Intent-To-Use provision. ITU means the mark is not currently in use but the
applicant has pledged to put it into use in the near future.
Example 3: Design Codes: cow* and moon*
Finds all design marks that have an
illustration containing both a cow and the moon.
c. Micropatent offers a free demonstration
database for anyone who wishes to use their service. To do so, the searcher can
go to http://www.micropatent.com and
register, then choose the Free Sample Database. It has the same functionality
as the paid service, but contains only about 200,000 records(10% of the
database).
d. Micropatent is now planning a new look to
the web service around INTA time (May 1998) or shortly thereafter. This will
include various search and display options, built-in phonetic searching,
ability to download results, and a DIALOG interface, where searchers familiar
with DIALOG commands can do searches just as they would on DIALOG.
e. A U.S. State trademark database and a
common law database is also planned to be available on Micropatent by the end
of 1998.
4. Trademark Registration Search on Westlaw (http://lawschool.westlaw.com)
The West Group uses DIALOG’s databases to do
trademark searching. However even with the same database, the searcher must be
familiar search strategy on Westlaw in order to do a comprehensive and
effective search. Historically, basic Westlaw training is completed in several
hours whereas basic DIALOG training is completed in a full day training. The
Westlaw interface might be more attractive to lawyers trained on Westlaw but
not native DIALOG.
The following are some distinctive
features about trademark search on Westlaw.
a.
Westlaw does not utilize
native DIALOG file names or numbers. For instance, if one wishes to search the
U.S. Federal database, code 226 does not work here. Instead, the searcher
should first locate the database. Trademark databases are found under main
directory of Topical Material by Area of Practice, including International
and its sub-directory of Intellectual Property. Once in the trademark
search database, the searcher can choose pertinent file to do the search. The
following is a list of file names on Westlaw that corresponds to file codes on
DIALOG.
WESTLAW DIALOG
TRADEMARKSCAN (R) - U.S. - Federal
(DIALOG), FIP-TM, Dialog: 226
TRADEMARKSCAN (R) - U.S. - State
(DIALOG), MIP-TM, Dialog: 246
Brands & Their Companies
(DIALOG), BRANDS, Dialog: 116
Thomas Register Online
(DIALOG), TRO, Dialog: 535
TRADEMARKSCAN (R) - International Register
(WIPO) (DIALOG), IP-WIPO, Dialog: 671
TRADEMARKSCAN (R) - Austria
(DIALOG), IP-AUSTRIA, Dialog: 662
TRADEMARKSCAN (R) - France
(DIALOG), IP-FR, Dialog: 657
TRADEMARKSCAN (R) - Ireland
(DIALOG), IP-IRE, Dialog: 676
TRADEMARKSCAN (R) - Italy
(DIALOG), IP-ITALY, Dialog: 673
TRADEMARKSCAN (R) - Liechtenstein
(DIALOG), IP-LIECH, Dialog: 677
TRADEMARKSCAN (R) - Monaco
(DIALOG), IP-MONACO, Dialog: 663
TRADEMARKSCAN (R) - Benelux
(DIALOG), IP-BENELUX, Dialog: 658
TRADEMARKSCAN (R) - Canada
(DIALOG), IP-C, Dialog: 127
TRADEMARKSCAN (R) - Denmark
(DIALOG), IP-DEN, Dialog: 658
TRADEMARKSCAN (R) - Germany
(DIALOG), IP-GER, Dialog: 672
TRADEMARKSCAN (R) - Switzerland
(DIALOG), IP-SWITZ, Dialog: 661
TRADEMARKSCAN (R) - U. K.
(DIALOG), IP-UK, Dialog: 126
TRADEMARKSCAN - European Community
(DIALOG), IP-EC, Dialog: 227
b. The searcher can only open one file at a time to do
trademark search on Westlaw.com. With U.S. Federal File( FIP-TM ) and
U.S. State File ( MIP-TM ), Westlaw’s offers as a default, guided search
with standard blanks to be filled in (see chart one below). As with their
Westmate software, the searcher can click on a link to perform a command search
using terms and connectors, etc. for field restriction (see chart two below).
The command search option also applies to other trademark files.
Chart One: Standard Form to do Trademark
Search on FIP-TM and MIP-TM
Your database is: FIP-TM (Trademarkscan (R) -
U.S. - Federal (DIALOG))
Please fill in one or more selections below.
Rotated Trademark Text and Enhancements: BLANKS
TO BE FILLED IN
(Use for broadest retrieval. Include a root
expander (!) on each term.) E.g.: computer! world!
Exact Trademark: BLANKS TO BE FILLED IN
Use to search for exact marks; E.g.: famous
dave's
All Owners: BLANKS TO BE FILLED IN
(E.g.: guinness publishing)
Goods/Services Description: BLANKS TO BE
FILLED IN
(E.g.: fishing gear)
Int'l Class & T&T Int'l Class: BLANKS
TO BE FILLED IN
(E.g.: 28 or sporting goods)
U.S. Class & T&T U.S. Class: BLANKS
TO BE FILLED IN
(E.g.: 22 or sporting goods)
Design Search Codes and Text: BLANKS TO BE
FILLED IN
(E.g.: 030902 or skunk)
Serial Number: BLANKS TO BE FILLED IN
(E.g.: 73-767,351)
Registration Number: BLANKS TO BE FILLED
IN
(E.g.: 1,948,888)
Chart Two: Standard Form to do Trademark
Search On Other Database
Database: Trademarkscan - France (DIALOG)
(IP-FR)
Terms and Connectors Query:
BLANKS TO BE FILLED IN
Connectors/Expanders Reference List
(searchable) Field Restrictions
(searchable) Thesaurus
(searchable) Preferred Terms
With Westlaw’s chart, the searcher can put in
many commands with one query. In my Gucci search, I typed in "Gucci!
Gucco! Guci! Guce!" under the Rotated Trademark blank and
"clothing" under the goods/services blank. The results achieved were
the same as with the DIALOG search.
Sample Display of Search on Westlaw(search conducted on Apr.24, 1998)
8 Documents
1. COLLEZIONE DI JENNIFER GUCCI
2. GUCCIO
3. GUCCIO G
4. GUCCINI CONTINENTAL GC Stylized Letters
5. GOO CHEE
6. GUCCI and Design
7. GUCCI
8. GUCCI and Design
c. The search can be
saved on Westlaw for future reference or application to other database.
d. Westlaw’s has its
unique result display. For instance with my final eight documents found, the
full text of each term appears on the right screen while a list of marks and
their classifications, registration number and date of the eight documents
appear on the left screen. Such display screen enables the searcher to scroll
the list and decide the most close hits before going to the full text part.
e. Searching charge
on Westlaw varies according to different contracts. The clientele is generally
divided by law school, law firm, university, company, and individual student,
professor, attorney, practitioner, etc. Another factor in pricing is the billing
method. Usually three options are available: flat rate, hourly billing and
transactional billing.
5. Trademark Registration Search on Lexis (http://www.lexis-nexis.com/)
Registration searching on the Lexis-Nexis Web
covers only federal and state trademarks. The federal registration is updated
on a weekly basis and the state registration varies with jurisdiction. Unlike
most search sites where searchers get access to DIALOG database, the
registration information is licensed to LEXIS-NEXIS through CCH Trademark
Research Corporation, a member company of CCH Legal Information Services.
Lexis’s pricing is similar to that of Westlaw. It depends on particular
contracts. For instance, in my situation as a law school student, the charge is
$27.00 per search using the U. S. Federal file. The printing is $3.50 per list
and $3.50 per full text record(as of Apr.1, 1998). The following are
distinctive features Lexis offers with trademark registration search.
a. The searcher should first check "Area
of Law—by Topics" under the source directory in the Lexis Research
Section. U.S. Trademark Registration is grouped under "Trademarks, Unfair
Competition & Trade Secrets." There are four files to search:
1.
Combined Federal &
State Trademarks:
FILE-NAME: ALLTM
COVERAGE: Federal Active Records: From April
7, 1884 through present. Federal Inactive Records: From April 5, 1887 through
present. States Active Records: From April 4, 1896 through present. States
Inactive Records: From October 16, 1877 through present
FREQUENCY: Varies by jurisdiction.
UPDATE-SCHEDULE: Varies by jurisdiction
2.
Federal Trademarks
FILE-NAME: FEDTM
COVERAGE: Active Records: From April 7, 1884
through present. Inactive Records: From April 5, 1887 through present.
FREQUENCY: Weekly
UPDATE-SCHEDULE: Weekly
3.
State Trademarks
FILE-NAME: STTM
COVERAGE: Active Records: From April 4, 1896
through present. Inactive Records: From October 16, 1877 through present.
FREQUENCY: Varies by jurisdiction.
UPDATE-SCHEDULE: Varies by jurisdiction
4.
Individual State
Trademark Registrations
b. Searching on Lexis, one can choose between
a Basic Search and an Enhanced Search. An important part of searching is to
decide whether one wants to search using a Basic search or an Enhanced search.
The Basic Search involves the so-called seven-step process:
1. Identify the topic.
2. Select a menu(The menu selected determines
the pricing plan that will be used for current research as well as the sources
that will be available for searching.
3. Select the source.
4. Choose the search words.
5. Use Boolean truncation and wild cards to
include word variations("!" finds a root word plus all the words made
by adding letters to the end of it. "recycl!" finds
"recycle," "recycling" and "recyclable."
"*" holds one space for a character at any point in a word:
"bernst**n" finds the "ei" and the "ie" spelling
of the name.")
6.Link the search words in a search request using
connectors.
7.Specify date restrictions and enter client
or project information.
Enhanced searching lets searchers compose
more complex searches with more flexible date restrictions. The first six steps
for running an Enhanced search are the same as described above for a Basic
Search. Because of the additional flexibility offered by the Enhanced search,
the seventh step is different: Specify date restrictions, sort order, and view,
and enter client/project information.
c. There are three view options of the
documents retrieved:
Cite List - Displays basic information, in a numbered list,
about the documents found. The information includes the case name, title or
headline, author or byline, source, and date. Other information may appear,
depending on which source(s) one search has searched.
KWIC™ - Displays documents in the "Key Words In Context" format,
showing each of the search terms surrounded by a window of text. The KWIC
format is useful for determining if a document is applicable to the research
topic. The number of words displayed with each search term found are 25
before/25 after for LEXIS® documents (and related services) and 15 before/15
after for NEXIS® documents (and related services).
Full Text - Displays the complete text of the documents
retrieved.
d. The searcher must be familiar with the
Boolean logic and truncation in order to do an effective search on Lexis. These
terms are explained and exemplified on
http://web.lexis-nexis.com/research/help/search#wildcards.
I tried the Basic Search for the mark Gucci
on Lexis and the results were the same as with DIALOG and Westlaw.
Sample Display of Search on Lexis (search conducted on Apr.28, 1998)
Source:Federal Trademarks
Search Terms:trademark(gucci! or gucco! or
guci! or guce!)
FOCUS Terms:goods/services(clothing!)
prev Document 1 of 8 next
1.COLLEZIONE DI JENNIFER GUCCI,
2.OOCHI GOOCHI, (STYLIZED LETTERS),
3.GUCCIO, (WORDS ONLY),
4.GUCCIO G, (WORDS ONLY),
5.C G GUCCINI CONTINENTAL, (WORDS AND
DESIGN),
6.GUCCI, (WORDS AND DESIGN),
7.GUCCI, (WORDS ONLY),
8.GUCCI, (WORDS AND DESIGN),
6. Trademark Registration Search on
Trademark Register (http://www.trademarkreg.com/)
The Trademark Register is an annual volume
consisting of over 1 million active trademarks and applications in effect with
the U.S. Patent and Trademark Office from 1884 to 1998. Their database is
updated weekly with the last update information as of Tuesday, April 28,
1998(as of Apr. 28, 1998). TM Register charges similarly like Micropatent.
Their price works for single user rate for $19.95 for 12 continuous hours’
unlimited search. Within this 12-hour session searcher can reverse automatic
renewal option as needed. The yearly rate is $495.00. But search is quite
restricted, only the following aspects are searchable. No assignment history
and no TTAB actions are available.
a. Currently registered and renewed
trademarks from 1884 to date-searchable in alpha, wild-card, merged or single
format.100%
b. Published pending applications from 1990
to date-searchable in alpha, wild card, merged or single format.100%
c. Expired trademark registrations.85%
d. Canceled trademark registration.100%
e. Product and service classification
index.80%
f. Assigned trademark registrations.100%
g. Status history of published pending
applications.100%
h. Weekly reports of newly issued, renewed,
deleted and published pending marks.100%
i. Opposed trademark applications.100%
j. Searchable by International Class.100%
k. Expanded data per registration.85%
l. Unpublished pending applications. (to be
implemented)
A typical TM Register search report looks
like this:
Registration Number:1,757,904Serial
Number:74-290,261
Trademark Name:L'ARTE DI GUCCI
Filing Date:July 01, 1992
Published for Opposition:December 15, 1992
Renewable Year If Still in Use:2003
Registration Date:March 16, 1993
International Classes:3.
U.S. Classes:51.
Goods and Services:EAU DE PARFUM, EAU DE
TOILETTE, SHOWER GEL, BODY LOTION AND DUSTING POWDER
Applicant / Registrant:Gucci America, Inc.
New York NY
Some distinctive features about searching
on TM Register Web site:
a.
Searchers can conduct
the search by going to the Search by Name database, which contains currently
registered and renewed trademarks from 1884 to present in effect with the U.S.
Patent and Trademark Office, including officially published pending
applications from 1990 to present, and updated weekly. "Officially
Published" refers to pending applications published in the Official
Gazette. The search options are:
Alpha Search:Search in alphabetical order.
Wildcard Search: A word, prefix, suffix, root or stem search within a
string or phrase.
Look Up by Number:Look up above trademarks by registration number (RN),
or applications by serial number (SN).
Convert Class:Conversion table used to convert international class
code to text. Products, Goods and services in depth by class and alpha search.
Also foreign country abbreviations such as BEX, ILX.
Weekly Reports:Newly issued registration, renewals, deletions and
published pending trademarks.
b. Wildcard Search on TM Register does not require any
truncation symbols such as "!" or "*". However when a word;
prefix, suffix, root or stem is entered, the preferable letters are 5 or less.
In the case of compound words, the searcher should key in only the minimum of
letters. For example STARTRI for START RIGHT and JETSP for JET SPREAD.
Sample Display of Search on TM Register ( search conducted on Apr. 30, 1998)
R - 1,757,904 - L'ARTE DI GUCCI -
16/MAR/1993 - INT:3. - US:51.
A - 74-472,540 - YOGUCCINO -
23/DEC/1993 - INT:29. - US:46.
R - 2,144,550 - YOGUCCINO -
17/MAR/1998 - INT:29. - US:46.
R - 1,621,272 - GUCCI - 06/NOV/1990 -
INT:21. - US:50.
D - 1,626,003 - GUCCI - 04/DEC/1990 -
INT:20, 24. - US:32.
R - 2,021,377 - GUCCI ACCENTI -
03/DEC/1996 - INT:3. - US:1.
R - 1,092,621 - GUCCI AND DESIGN -
06/JUN/1978 - INT:3. - US:51.
Status - 4-7 digit Registration No. -
Registered Trademark - Registration Date - Class.
Status - 8-digit Serial No. hyphenated -
Published Application - Mark - Filing date - Class.
Status: A-abandoned, C-canceled, D-dead, E-expired,
O-opposed, P-pending, R-registered, U-unpublished, W-withdrawn.
Brief Summary of the above Web Sites:
The above are some major Web sites where
distinctive features are provided for a searcher to conduct a registration on
his own. Based on personal experience, I think Thomson-Thomaon’s TRADEMARKSCAN
is by far the most comprehensive databases for trademark search. No wonder
Saegis, Dialog Web and Westlaw.com all use TRADEMARKSCAN to provide trademark
registration search. With the same database, search on Sasgis is most
user-friendly where the search screen is readily comprehensible and search
command is easily carried out. Search display, set report and in-put command
saving on Dialog Web offers the most sophisticated means for a professional
searcher to conduct an efficient search. Westlaw’s interface enables a searcher
familiar with Westlaw’s traditional search methods to conduct an effective
trademark search. One disadvantage with search on Westlaw.com is that no
pictures can be viewed right on the screen, they can only be viewed when the
documents are downloaded or printed out.
Compared with the above Web sites, others
seem to be less comprehensive in content or less sophisticated in search
methods or both. For instance, Lexis.com, Micropatent, and TM Register only
contain U.S. trademark files. So far no images are available for viewing on
Lexis.com and TM Register. With Micropatent the image will not appear in the
display unless searchers have selected the "Text and Images" option
in the order-entry screen. Also TM Register does not have any post issuance
information of the mark, which will make the search report quite rudimentary.
However the advantage of searching on Web
sites like Micropatent and TM Register is that with the flat rate pricing searchers
can make the most possible use of the time to conduct as many searches as
possible. It especially works if the proposed mark is only to be registered
with the USPTO and searcher just wants to make a preliminary search to see if
there is any obvious conflicting mark.
Nowadays more and more Web sites have come up
to offer trademark registration search. It is for people to search by
themselves for active and pending trademarks, usually with the USPTO file.
Please note that these Web sites usually provide registration search as a kind
of byproduct beside their trademark services. The following is a list of them.
It overlaps with some of the names in the list in Part II and is naturally much
shorter.
http://www.trademark-search.com/
http://www.denpat.lu/imsmarq/eng_info.html
II.
List Of Web Sites
That Offer Trademark Search And Registration Services
As I have mentioned in the preceding
paragraph, many companies and individuals have a Web page where they offer
trademark search and registration services. The service scope, quality,
pricing, etc. differ sharply from sophisticated companies like Thomson &
Thomson to sole practitioners claiming themselves as "search expert."
The following is a list of Web sites for trademark search(some including
registration) service. To save time and space, I just quote the promotion
material of one site about its product, service, price and payment. Interested
parties are recommended to log on the quoted Web pages and compare the
difference in person.
A. Sample of One Site Offering Trademark Search Service(http://www.tmweb.com/)
a.
General Information
About The Search Process
In completing each report our searchers
access both the American and Canadian Federal Governments Trademark database's.
The current state of each Trademark Registry, the last application status,
indices searched and the parameters for each search string are detailed as part
of a unique session log generated for each section of the search report. In
addition to the information, clients supply and our searchers add suffix,
prefix, and phonetic equivalent word search as well as searches of all known
spellings and truncations.
The initial search is a detailed examination
of all classes using all criteria from the above. The second search, when
necessary, refines the search by concentrating the first examination of only
the selected classifications in association with above criteria. The report
concludes, upon request, with the full text of marks for clients to examine in
more detail.
b. Product Details
1.TMSEARCH
Each trademark availability search
successfully processed is billed individually. There are four different types
of availability searches. Details of the content of each search report are
included below. You may wish to read an Explanation of how we perform searches
as well as view a Sample of the detail we will provide with your report.
Basic Pre-Screen ... $25.00
The Basic Pre-Screen is the ideal search tool
for the industry or business professional who wants to quickly ascertain the
viability of a proposed mark. Your report will contain two different sets
"summary" information for each country. These summaries list possible
conflicting marks within the specified search criteria. Our first summary we
call a detailed list.
It consists of a single line of text. The
second summary provides more details about a specific potential conflict from
within a specified class. Samples of both of these lists are below.
Sample Detailed list
0001 705914TMA-431927 ALGONQUIN SPACE CAMPUS REGISTERED
0002 410931TMA-243727 CAFE-CAMPUS EXPUNGED
0003 543454TMA-317678 CAM-PUCE & DESIGN REGISTERED
0004 177142UCA-013192 CAMPUS EXPUNGED
0005 237870TMA-112454 CAMPUS REGISTERED
Sample Preview list
0001 MARK: CAMPUS CONNECTION
OWNER: UNCOMMON SOLUTIONS..
REG NO: 1559791
SER NO: 73-764825
STATUS: CANCELLED
CLASS: IC:16 US:38
G/S: A COLLEGE MAGAZINE CONSISTING OF ADVER..
0002 MARK: CAMPUS CONNECTION
OWNER: SPRINT COMMUNICATI..
REG NO: 1920234
SER NO: 74-561155
STATUS: REGISTERED
CLASS: IC:38 US:104
G/S: COMMUNICATIONS SERVICES, NAMELY CABLE ..
0003 MARK: THE CAMPUS CONNECTION
OWNER: MIDDLE TENNESSEE B..
REG NO: 1859990
SER NO: 74-481315
STATUS: REGISTERED
CLASS: IC:36 US:102
G/S: BANKING SERVICES; NAMELY, CHECKING ACC..
This report format is most often referred to
as "the answer at a glance". Many clients use this report to submit
multiple "proposed" trademarks so that they can eliminate known
conflicts prior to doing a more exhaustive search. This report is also ideal
for the industry professional who needs to gather documentation to support his
arguments on why a mark should, or should not, be registered. If you are not a
trademark agent then the chances are you do not need this report.
Extended Pre-Screen ... $50.00
The Extended Pre-Screen returns three
distinct pieces of information. The first two pieces are the same two
"lists" of potential conflicts described above. The third is the full
text of selected registry pages which appear to conflicts. This search allows
you to determine the feasibility of registering your proposed trademark within
specific classes as well as any other possible classes in the future. By also
including the full registry page, you can determine if an apparent trademark is
truly in conflict with your proposed trademark or not. This is the ideal report
for the corporate client who wants to conduct his own research of a new
product, corporate, or domain name prior to meeting with legal counsel for an
opinion.
Common-Law Search ... $100.00
The Common Law search includes everything
from the Extended Pre-Screen. In addition we search for meanings of the mark by
accessing some 200 dictionaries and encyclopedias. We also search all major
yellow page and phone-book directories in additional to a thorough search of
the world wide web. We do not include a State Registry (trade name) search(emphasis
added). We believe that any state registration that does not appear in a phone
directory can not claim it is used in inter-state commerce and thus is not a
conflict. Our Common Law search checks for potential conflicts not just with
existing trademarks, but also examines the secondary meaning and use of your
proposed mark as a commercial term.
This report is normally ordered by the
industry professional who wants to review our findings and them make his own
recommendation to his client. The public should take note of the fact that no
trademark agent worth of the name professional would ever file an application
without first preparing this type of report.
Common-Law Search with Opinion ... $150.00
This search includes the Common Law searches
described above plus our professional opinion as trademark agents on the
registerability of your proposed mark. Other trademark agents rarely request
this report. It is not that they do not trust our opinion. The fact is they
want to prepare an opinion based not only the searches we have provided but
also on their knowledge of the clients needs and industry. However, this is the
ideal report for the business professional who does not have access to legal
counsel.
2.TMFIND
US Registry Pages ... $15.00 + $1.00 per.
Generate specific trademark registry pages or
lists of all trademarks owned by a particular applicant. Find a particular
trademark by Serial Number or Registration number. The first requested registry
page is included in the $15.00 setup fee. Each additional registry page
requested is an additional $1.00.
Canadian Registry Pages ... $15.00 + $1.00
per.
Find a particular trademark by Application
Number or Registration number. The first requested registry page is included in
the $15.00 setup fee. Each additional registry page requested is an additional
$1.00.
US Trademarks by Owner ... $25.00
Get a listing of all trademarks registered to
a particular owner(s). Each owner requested is $25.00.
Canadian Trademarks by Owner ... $25.00
Get a listing of all trademarks registered to
a particular owner(s). Each owner requested is $25.00.
Pricing by Product
Each trademark search successfully processed
is billed individually. If we deem a search not to be successful, you will be
credited your cost.
There are four different types of trademark
searches available. You may wish to read an Explanation of how we perform
searches as well as view a Sample of the detail we provide with our reports.
Basic Pre-Screen
$ 25.00
Extended Pre-Screen
$ 50.00
Basic Common Law
$ 100.00
Full Opinion
$ 150.00
c. Payment Methods
MasterCard
Visa
We invite you to prepay for as many searches
as you want by providing a deposit to your credit account. This means you don't
need to provide your credit card information with each search request. Prepaid
password protected. Phone us at 403-234-0844. Direct Deposit to our bank
account (call or e-mail us) for details.
B. A List of Web Sites Offering Trademark
Search Service(100 hits)
http://www.thomson-thomson.com/
http://www.cheaptrademarks.com/
http://www.copyrightnow.com/index.html
http://www.trademarkresearch.com/
http://www.trademarktrademark.com/
http://www.solution.nl/trademarks/
http://home.pacific.net.sg/~lexico/
http://www.baldwins.co.nz/index.html
http://www.newmarc.com.br/indexe.htm
http://ourworld.compuserve.com/homepages/kehlpatent/
http://www.famoustrademarks.com/
http://www.atlas.trademark-search.com/
http://www.denpat.lu/denpat/denn0.htm
http://www.detroit.lib.mi.us/glptc/services.htm
http://www.idresearch.com/wwwtrademarks/whysearch.htm
http://www.pkds.net/int/mar-anfe.htm
http://www.galaxy-net.com/trademarksearch.html
http://www.patentservices.com/our_company.html
http://www.i-m.com/archives/9407/0066.html
http://www.netserveur.fr/netscan.htm
http://www.micropat.com/info/proposal.html
http://www.epic.net/staff/mpdc/law/ptrade.html
http://www.indiamart.com/indianservices/patent.html
http://www.trademarksearchoffice.com/
http://www.millzone.com/protm/ourservices.html
http://www.tradespecialties.com/instacorp/trademark.htm
http://www.americantrademark.com/Trademark.html
http://www.abay.com/trademarktracker/
http://www.contactfinland.fi/biz24.html
http://www.chameleon1.com/Investig/trademark.htm
http://www.smalloffice.com/maven/archive/bmsays36.htm
http://www.interlog.com/~ash/ashtm.html
http://www.pettitcompany.com/html/us_trademarks_services.html
http://www.oxlink.co.uk/business/rock.html
http://www.thenamingcompany.com/
http://www.1800inventor.com/fees.html
http://www.fenwick.com/group/tradegr.htm
http://www.advantagenet.com/index.html
http://www.slwk.com/trademrk.html
http://www.pattorneys.com/trademar.htm
III.
A Brief Introduction
Of Trademark Search Using Web Search Engines
The above two parts talk about how to do a
registered trademark search . However in the United States trademark rights
arise upon use and the searcher may want to know whether the trademark at issue
has ever been used in any way on a Web page. In such event using a Web search
engine is the only available option other than the SAEGIS service.
Web search engines are be organized two ways.
First are those services where the basic search results are organized like a
directory. Yahoo is a good example. Pages which are submitted toYahoo are
indexed by human beings. The second category of services, such as AltaVista,
search the most of the full text and deliver results containing your key words
– what you see is what you get. So services in the second category function
more like traditional on-line services such as DIALOG and ORBIT. The number of
search engines are increasing on the Web. So far Altavista, Infoseek, Lycos,
Yahoo! Excite, AOL NetFind, HotBot, LookSmart, Snap!, WebCrawle are the often
used search engines, among which Yahoo and Altavista are most popular. The
following is a check list for search engines.
American Business Information (ABI)
Alta Vista
BigBook Yellow Pages
BigEye
Bigfoot Global E-mail Directory
BigYellow Interactive Yellow Pages
Biztravel.com
Clearinghouse
Deja News Usenet Searching Service
Dig Dirt, Inc.
Dun & Bradstreet
EINet Galaxy (Trade Wave)
Electric Library
Excite
Four 11 - Internet White Pages
HotBot
Infoseek
LawCrawler Legal Search Engine
LookSmart (from Reader's Digest)
LYCOS
The McKinley Internet Resource Directory
(Magellan)
New Riders' Official World Wide Web Yellow
Pages
Open Text Web Index
Pronet Global Interactive Business Directory
SelectSurf
Starting Point
Switchboard
Thomas Register of American Manufacturers
Webcrawler Searching
WebCom Power Index
The Yahoo List
Zip2 US Business Directory
Now a few words about challenges as well as
limitations of using the Web search engine.
First of all we must admit the information
browsed through search engines is enormous so that searchers can always find
something if they can afford the time. Besides, there is no field restriction.
The term searched can appear as a product, a trade name, a company name, a
person’s name, simply anything. I have tried to search a coined word(simply
made up while I was sitting in front of the computer) like "SOFANA"
as a trademark. After a quick and dirty search of US Federal and US State
through DIALOG database, no conflicting mark seems to prop up.
Sample Display of Search on DIALOG (search conducted on Apr. 28, 1998)
SYSTEM:OS - DIALOG
OneSearch
File
226:TRADEMARKSCAN(R)-US FED OG980414/AP980219
(c) 1998 Thomson &
Thomson
File 226: Preliminary
Records through 03/13/98 *
File
246:TRADEMARKSCAN(R)-U.S. STATE 1998/Apr 15
(c) 1998 Thomson &
Thomson
S1 0 ET=SOFANA
S2 0 TR=SOFANA?
S3 0 TR=SOFONA?
S4 0 TR=SAFONA?
S5 0 TR=SOVONA?
S6 0 TR=SAVONO?
S7 5 TR=SAVONA?
S8 5 TR=(SOFANA? OR
SOFONA? OR SAFONA? OR SOVONA? OR SAVONO? OR SAVONA?)
Although the mark has not been found in the
registered or pending files, there were 29 hits for the exact word SOFANA when
I conducted a search using Excite, Yahoo and Alta vista.
Sample Display of Search on Yahoo (search conducted on Apr. 28, 1998)
Categories Web Sites AltaVista News Stories
Net Events
Found 29 AltaVista web pages for SOFANA (shown below)
Other suggested spellings: Solana - so fan a
Sample Display of Search on Alta Vista (search conducted on Apr. 28, 1998)
a.
http://www.defenselink.mil/dodgc/defense_ethics/dod_oge/st201-s.html
SODERBERG MFG CO INC
SOFAMOR DANEK GROUP INC
SOFANA FREIGHT FWDG
CORP USA
SOFANA TRADING CO LTD
SOFFE, M J CO
SOFT ACCESS, INC
b.
http://www.jfkcargo.com/brokfors.htm#s
S Back to Main Index
S.B.A. Consolidator (International)
SCAC Transport (USA)
H.W. St. John & Company
Schneider Freight USA Inc.
Sam Schwartz Cargo
Samex Air Forwarders
Satin Air Freight
Savino Del Bene
Scanwell Freight Express
Schenker International
Jos. R. Schmidt CHB
Karl Schroff & Associates, Inc.
J. T. Scura, Inc.
SecureCHB, Inc.
Serra International Inc.
Seville CHB
Skinner, Wm. B., Inc.
Skyline Freight, Inc.
Skytruck Air/Sea Transport Inc.
SOFANA
Spadaro International Inc.
Spartan Worldwide Delivery
Speed-Freight Inc.
Speedmark Transportation Inc.
Speedway International Inc.
Stair Cargo Brokers, Inc.
Stanmar Shipping Co., Inc.
S. Stern Custom Brokers, Inc.
S. P. Stile Assoc. Inc.
Straight Air USA, Inc.
Martin Strauss Airfreight Corp.
Sud Est B. Todaro Custom House
Broker, Inc.
Superb CHB
c.
http://www.fivb.ch/Beach/Results/1996/MBER1996/QualResults.html
Men's Beach Volleyball 1996
Berlin, Germany 5 - 7 July
Qualifications Results
Play-offs
No. Date Team "A" vs. Team
"B" Results Min.
38 03/07 Schuler-Schlulz GER vs.
Molchanov-Kiselev RUS 8-15 40
37 03/07 Anton-Pomerenke GER vs. SOFANA-Salim
INA 15-10 31
36 03/07 Kostioukov-Kachkakha vs. Dekker-Van
der Hoek NED 4-15 27
35 03/07 Koudelka-Koudelka CZE vs. Muhlbauer-Dobeiner
AUT 11-15 40
Secondly, responding to criticism that web
search is unsophisticated, nowadays most search engines offer advanced search
functions like wild cards and connectors for web searchers to do a refined
search. For example in Alta Vista, the following terms are useful for a
searcher to know in order to do a more effective search.
a. Natural Language queries: (always
try this first) Type a word or phrase or a question (for example, weather
Boston or what is the weather in Boston?), then click Search (or press the
Enter key). If the information one wants from this sort of query isn't on the
first couple of pages, try adding a few more specific words.
b. Requiring/Excluding Words: Often a
word will be guaranteed to appear in a document searched. If this is the case,
require that the word appear in all of the results by attaching a "+"
to the beginning of the word (for example, to find an article on pet care, try
the query dog cat pet +care). One may also find that when searching on a vague
topic, he will get a very broad set of results. He can quickly reject results
by adding a term that appears often in unwanted articles with a "-"
before it (for example, to find a recipe for oatmeal raisin cookies without
nuts try oatmeal raisin cookie -nut* -walnut*).
c. Exact Phrases: If one knows that a
certain phrase will appear on the searched page, he can put the phrase in
quotes. (for example, try entering song lyrics such as "how can I survive
without you")
d. Search Syntax: (special functions)
anchor:text
Finds pages that contain the specified word
or phrase in the text of a hyperlink. anchor:"Click here to visit
AltaVista" would find pages with "Click here to visit AltaVista"
as a link.
applet:class
Finds pages that contain a specified Java
applet. Use applet:morph to find pages using applets called morph.
domain:domainname
Finds pages within the specified domain. Use
domain:de to find pages from Germany, or use domain:org to find pages from
organizations.
host:name
Finds pages on a specific computer. The
search host:altavista.digital.com would find pages on the AltaVista computer,
and host:dilbert.unitedmedia.com would find pages on the computer called
dilbert at unitedmedia.com.
image:filename
Finds pages with images having a specific
filename. Use image:elvis to find pages with images called elvis.
link:URLtext
Finds pages with a link to a page with the
specified URL text. Use link:altavista.digital.com to find all pages linking to
AltaVista.
text:text
Finds pages that contain the specified text
in any part of the page other than an image tag, link, or URL. The search
text:cow9 would find all pages with the term cow9 in them.
title:text
Finds pages that contain the specified word
or phrase in the page title (which appears in the title bar of most browsers).
The search title:Elvis would find pages with Elvis in the title.
url:text
Finds pages with a specific word or phrase in
the URL. Use url:altavista to find all pages on all servers that have the word
altavista in the host name, path, or filename--the complete URL, in other
words.
from:username@address
Finds articles posted with the specified
e-mail address. For example, use from:president@whitehouse.gov to find
presidential postings.
subject:"text"
Finds articles with the specified word or
phrase in the Subject field. Use subject:"basketball playoffs" to
find postings with "basketball playoffs" in the subject.
newsgroups:groupname
Finds articles posted in the specified
newsgroup. Use just part of the group name to match a range of groups, like
newsgroups:nl to match all groups from the Netherlands.
summary:text
Finds articles with the specified word or
phrase in the Summary field. Use summary:playoffs to find postings with
playoffs in the summary field.
keywords:text
Finds articles containing keywords matching
the specified word or portion of a word. Use keywords:beta to find postings
with beta in the keywords field.
e. Languages:
AltaVista allows the searcher to limit search
results to those of a particular language. This is helpful when one performs a
search and find that many of the results are not in his native language.
f. Refining a query:
If one finds that too many results are coming
back on the search, he can use Cow9, the refine tool, to narrow his search.
Cow9 dynamically sorts results into different topics to move the search in the
right direction. More information about Cow9 is found at
http://altavista.digital.com/av/content/help_refine.htm.
g. Case Sensitivity:
The searcher should use only lower case
unless he wants his search to be case sensitive. If he searches for Coffee,
he'll get only documents that include that word with just that capitalization.
If the word appears in lower case, he'll get any page with that word.
h. Wildcards:
Use an asterisk (*) to broaden the search. To
find any words that start with gold, use gold* to find matches for gold,
goldfinch, goldfinger, and golden. Use this if the word one is searching for
could have different endings. (for example, don't search for dog, search for
dog* if it could be plural)
i. Special Characters and Punctuation:
AltaVista Search defines a word as any string
of letters and digits that is separated by either: White space, such as spaces,
tabs, line ends, or the start or end of a document, or Special characters and
punctuation, such as %, $, /, #, and _ . AltaVista ignores punctuation except
to interpret it as a separator for words. Placing punctuation or special
characters between each word, with no spaces between the characters and the
words, is also a way to indicate a phrase. For example, consider searching for
a telephone number. Entering 1-800-555-1212 is easier than entering "1 800
555 1212", which is an equally acceptable syntax, but is less natural.
Hyphenated words, such as CD-ROM, also automatically form a phrase because of
the hyphen.
j. Operators:
In both Simple and Advanced Search, one can
use the asterisk (*) as a wildcard indicating that he wants to find all words
containing a match for the specified pattern of letters. The "+" and
"- " characters are operators that help to filter the results of a
Simple Search. The "&," "|," "~," and
"!" characters are operators that help to filter the results of an
Advanced Search.
In my view, search engines are a good place
for common law search. Even the proposed mark has not been in conflict with any
registered or pending marks, there is still a potential risk that someone might
use the mark somewhere. With the help of those search engines searchers can
discover the mark and its usage, therefore assess the risk where the mark at
issue will run. Furthermore, beside the on-line Web charge, there is no extra
fee by using the search engine. Searchers can try various search engines and
different databases, compare and study relevant hits at ease. The Web is
complementary to numerous other common law search sources in electronic and
print formats.
However certain limitations do exist by using
search engines. The advantages of the search engine can also turn into obvious
disadvantages. For instance, because the databases are enormous, search engine
is not a sophisticated tool. When I searched "Gucci" or
"Gucco" or "Guci" or "Guce" on Alta Vista, the
initial result was 8695(search conducted on Apr.30, 1998). Despite the fact I
can refine my search using the above-mentioned techniques, Alta Vista’s filed
limitation is unsophisticated. For instance, based on my preliminary search
results of 8695 hits, the area to be refined are:
Sample Display on Search on Alta Vista (search conducted on Apr. 28, 1998)
Refine your search by requiring a few
relevant topics,
excluding irrelevant ones, and ignoring the
others.
99%Gucci, prada, fashion, designer,
gabbana, dolce, designers, organza
34%Armani, versace, gianni, giorgio,
fragrances, fragrance, drakkar
29%Chanel, escada, halston, caesars
23%Dior, givenchy, estee, lauder, issey,
lancome, kenzo, guerlain, revlon
21%Cartier, jewellery, dunhill
20%Boutiques, vuitton, saks, neiman, macy,
bloomingdale, nordstrom, theater
19%Fendi, bijan, boucheron
17%Stores, shops, shopping, shoppers, malls
15%Karan, lauren, klein, calvin, dkny,
hilfiger, jil
15%Ferragamo, zegna, ermenegildo
15%Watches, rolex, watch
14%Clothes, dresses, clothing, dress,
skirts, apparel, sportswear, jackets, coats
11%Lagerfeld, gaultier, mugler
10%Race, mile, birmingham, twilite, thruout,
carryover, mdtrk, smoo
10%Stocks, licensed, counts
10%Brand, brands, retail, retailers
10%Trifecta, quinella, superfecta
10%Moschino, valentino, ferre, missoni,
krizia, gianfranco, gigli, trussardi
9%Movado, heuer, breitling
9%Cartoon, realize, hide
I was able to refine my search with those
categories in bold form and hit 435 documents. However to go over these hits
was still a tedious job. More often than not, little if not nothing will be
revealed with regard to trademark status.
Another disadvantage is that we can not
search any image of the mark. Needless to say, apart from letters and words,
trademark also includes designs, logos, sounds and smells, but none of them is
searchable with a Web search engine.
To sum up, Web search engines can get access
to enormous databases and are inexpensive to use. However because they are not
arranged in a way for professional trademark search, Web search engines should
be better employed as a complimentary search tool in trademark search.
Conclusion
In only two short years trademark searching
using the Web has caused searchers to evaluate multiple access points to the
same data. This phenomemon follows the pattern set for patent searchers.
Searchers now have a multitude of access points to Thomson & Thomson data:
Access methods which require you to type
commands:
1.Generic telecommunications software.
2.DialogLink communications software
3.Telnet using the Internet to dialog.com
4.DIALOG on WESTLAW
5.DIALOG WEB
6.DIALOG on CompuServe
7.KR OnDisc family of products
Point and click access methods:
1.KR Quick Start communications
software package, ARTWIN
2.DIALOG Select on the Web
3. SAEGIS
Add to this Micropatent and numerous other
competitors and the result is a challenge to evaluate the trademark record and
functionality of the search interface and balance with price. This paper is an
attempt to touch upon what this process would yield in a search for the GUCCI
mark. A book could be written on this subject!