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Searching for Color as Part of a Trademark Clearance Search
How to search for color in trademark search
The color of the design can be an important distinguishing factor of the mark. For a trademark clearance search, a way to search for the color which is a claimed element of the mark is by searching for the color within the Description of Mark [DE] search field within the Trademark Electronic Search System (TESS). For instance, a mark claims a purple square outline around the words of the mark. During the clearance trademark search, there is a need to check for conflicting marks which include a prominent use of purple. Then a search in the Free Form function within TESS a clearance search can include purple[DE] as an added part of a search. So if the planned mark is for the service of accounting, then a search for purple[DE] AND accounting[GS] is a possible search to look for marks for the service of accounting with purple in the mark.
Understanding the Occurrence of Common Colors
What is the most common color, from the common spectrum, claimed for trademark filings in April 2023
An example of searching for colors in the Description of Mark [DE] search field is the occurrence of the colors in the common color spectrum.
An example is in April of 2023, there were 3795 applications or registrations that claimed colors from the common spectrum. The greatest percentage of claims (30%) were for blue, followed by red (23%), green (19%), yellow (12%), and orange (12%). The colors indigo and purple, combined, were claimed on less than 1% of the applications filed during this time period.
Raw Data for the above search is:
- Red - 869
- Orange - 442
- Yellow - 582
- Green - 736
- Blue - 1149
- Indigo - 10
- Violet - 17
Data accessed: 6/4/2023
The raw data was found by the following searches in the Free Form Function of TESS:
red[DE] AND 202304$[FD]
orange[DE] AND 202304$[FD]
yellow[DE] AND 202304$[FD]
green[DE] AND 202304$[FD]
blue[DE] AND 202304$[FD]
indigo[DE] AND 202304$[FD]
violet[DE] AND 202304$[FD]
Understanding the Occurrence of a Color Broken Down by IC
How many trademark filings in 2022, in the 45 International Classes, claim the element of purple?
Another example of searching for colors in the Description of Mark [DE] search field is the occurrence of purple claimed as an element of the mark in trademark filings in 2022. Also by further manipulating the results, the filings claiming purple can be separated into the International Class which indicates the type of good or service claimed in the filing.
In 2022, the number of applications or registrations in all International Class filings claiming the element of purple totaled 5119. These filings were split almost evenly between the Goods (49.1%) or Services (50.9%) categories.
The top International Class filings claiming the element of purple were IC 041 – Education and Entertainment (14%), IC 035 – Advertising and Business (13%), IC 009 – Electrical and Scientific Apparatus (11%), IC 042 – Computer, Scientific and Legal (10%), and IC 025 – Clothing (7%). These five classes comprised 55% (2790) of the total applications or registrations filed in 2022 claiming the color design element of purple. The remaining 2329 applications or registrations are spread across the forty remaining International Classes; fourteen classes had 20 or less applications, while six classes had applications in single digits where one class had only two claims.
This data for the relative amounts of filings claiming purple is consistent with the relative amounts of the applications in the different International Classes as seen by data found for applications in Connecticut for the year 2020 (although there might be an underrepresentation of filings with purple claimed in IC 043 and 044).
Raw Data for the Results:
Goods (short titles)
IC 001 – Chemicals - 20
IC 002 – Paints - 7
IC 003 – Cosmetics and Cleaning Preparations - 151
IC 004 – Lubricants and Fuels - 18
IC 005 – Pharmaceuticals - 169
IC 006 – Metal Goods - 13
IC 007 – Machinery -23
IC 008 – Hand Tools - 15
IC 009 – Electrical and Scientific Apparatus - 557
IC 010 – Medical Apparatus - 60
IC 011 – Environmental Control Apparatus - 36
IC 012 – Vehicles - 16
IC 013 – Firearms - 2
IC 014 – Jewelry - 49
IC 015 – Musical Instruments - 6
IC 016 – Paper Goods and Printed Matter - 184
IC 017 – Rubber Goods - 8
IC 018 – Leather Goods - 55
IC 019 – Non-metallic Building Materials - 12
IC 020 – Furniture and Articles Not Otherwise Classified - 36
IC 021 – Housewares and Glass - 77
IC 022 – Cordage & Fibers - 5
IC 023 – Yarns and Threads - 3
IC 024 – Fabrics - 46
IC 025 – Clothing - 361
IC 026 – Fancy Goods - 28
IC 027 – Floor Coverings - 9
IC 028 – Toys and Sporting Goods - 178
IC 029 – Meats and Processed Foods - 52
IC 030 – Staple Foods - 144
IC 031 – Natural Agricultural Products - 44
IC 032 – Light Beverages - 51
IC 033 – Wines and Spirits - 45
IC 034 – Smokers’ Articles - 33
Services (short titles)
IC 035 – Advertising and Business - 650
IC 036 – Insurance and Financial - 223
IC 037 – Construction and Repair - 76
IC 038 – Communication - 100
IC 039 – Transportation and Storage - 95
IC 040 – Material Treatment - 59
IC 041 – Education and Entertainment - 696
IC 042 – Computer, Scientific and Legal - 526
IC 043 – Hotels and Restaurants - 111
IC 044 – Medical, Beauty and Agricultural - 222
IC 045 – Personal - 148
Data accessed: 6/4/2023
The raw data was found by the following searches in the Free Form Function of TESS:
purple[DE] AND 001[IC] AND 2022$[FD]
purple[DE] AND 002[IC] AND 2022$[FD]
purple[DE] AND 003[IC] AND 2022$[FD]
…
purple[DE] AND 045[IC] AND 2022$[FD]
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