(203) 809-9490 or Send a Message on Homepage
(203) 809-9490 or Send a Message on Homepage
Signed in as:
filler@godaddy.com
When doing a clearance search in TESS, it is helpful to identify the trademark classification of the good or service being applied. There are 45 International Classes [IC] or categories that cover all goods and services, with each class covering a wide range of goods or services. Class #1 – 34 are for goods, and classes # 35 – 45 are for services.
The International Class is added to a search in the Free Form Search function by using "AND (0xx)[IC]" which narrows the results.
Example:
The Trademark ID Manual (ID Manual) is the resource to use when identifying which classification the good or service will be fall under. Using the search option, type in the good or service (not the mark used for the good or service) for which the mark is being applied. The search will render records similar to the stated search term, identifying the class(es) under which the good or service falls.
For example, a hypothetical search for “Flavmore,” a canned tomato sauce starts with identifying the IC.
There would be a search in the ID Manual for “canned tomato sauce”.
A series of searches would be:
then
These two searches were performed to find that a likely identification of the good would be “tomato sauce” with an International Class of 030.
The International Class can also be estimated using the TMEP Chapter 1400.
Once the classification of the goods or services being applied for is identified, a search in TESS for marks that are used with goods and services in the same class can be done. Identifying the class is an important tool for narrowing the TESS search, making the search more efficient and relevant.
Continuing with the hypothetical search for “Flavmore,” now that the IC 030 has been identified, this information can now be used to search TESS within that specific IC (category of goods). For a clearance search to rule out any likelihoods of confusion, the Free Form search option in TESS can be used, utilizing the IC classification field along with similar sounding and looking marks.
The mark can be searched for in the Basic Index [BI] with truncation with a * operator, truncation with a $ operator, pattern searching, and/or phrase searching.
The International Class element is added with the use of the logical operator of AND and the International Class number followed by the field identification. So, 030[IC]. The International Class number is 030 and the field identification is [IC].
A search for flavmore[BI], searches for “flavmore” in the Basic Index of marks.
A search for flavmore[BI] AND 030[IC], searches for “flavmore” in the Basic Index of marks while also restricting the results to have to be in International Class of 030.
A series of searches could be:
flav*[BI] AND 030[IC] – rendered 2803 records
Search: (fl{V0:2}v*)[BI] AND 030[IC] – rendered 2810 records
Search: (*fl{V0:2}v)[BI] AND 030[IC] – rendered 64 records
Search: (fl{V0:2}vm{V0:2}*)[BI] AND 030[IC] – yielded no records
Search: (fl{V0:2}vm*)[BI] AND 030[IC] – yielded no records
Search: (fl{V0:2}v$ ADJ mo$)[BI] AND 030[IC] – yielded 8 records
Search: (fl{V0:2}v$ ADJ m{V0:2}$)[BI] AND 030[IC] – yielded 73 records
Search: (fl{V0:2}v$ ADJ m$)[BI] AND 030[IC] – yielded 73 records
Attorney Advertising. This website is for informational purposes only and is not legal advice. Using this site or communicating with the Law Office of John B. Hudak, PLLC through this site does not form an attorney-client relationship. An attorney-client relationship shall be formed only after an Attorney Engagement Letter is sent by the law office to the Client. Please do not share any unsolicited confidential information with our law firm by email or phone. This site is legal advertising. Copyright © 2023