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All federal trademark registration applications show the process behind the trademark search the Trademark Examiner performed when approving or not approving the application.
The search which the Trademark Examiner performed is labeled as XSearch Search Summary under the documents section found in the TSDR file for the trademark registration application.
The XSearch Search Summary is found by:
1) searching for the mark on Trademark Electronic Search System (TESS); 2) when in the TESS file for the mark, click on the TSDR button to enter the Trademark Status & Document Retrieval (TSDR) system; 3) in TSDR click on the tab Documents; and 4) within the Documents click on XSearch Search Summary.
The XSearch Search Summary shows the searches which the Trademark Examiner performed when determining if there was a conflict between the mark in the application and current applications or registered marks.
When looking at an example of a XSearch Search Summary you can go through the searches and see what searches were made. If there was a conflict found between the applied for mark and an existing application/registration that will be explained by an Office Action which is labeled as Offc Action Outgoing in the Documents section of the TSDR file for the mark.
Start with looking at an example of the sequential searches from a real set of Trademark Examiner sequential searches in a XSearch Search Summary, which is relevant to a hypothetical applicant.
The new TESS trademark search system was introduced in Nov. 2023, and not all trademark applications will have the new way of searching in the new TESS trademark search.
As of Jan. 2024 you can find some examples of the new type searches in the filing dates of applications from April 10, 2023 to April 24, 2023 which can be searched with FD:[2023-04-01 TO 2023-04-24]
An example of a searches by a Trademark Examiner can be seen in SN: 97884390, for the mark MAX ORIGINAL for the services of Entertainment and educational services in the nature of providing entertainment programming and content, namely, television programs and motion pictures, … .
The XSearch Search Summary in TSDR is slightly different because it includes more data about the number of hits and time viewed.
The searches below also combine searches referenced by the number of the previous search. So 2 AND 3 is a search of what was in Search #2 and Search #3.
The XSearch Search was Summary:
#; Search
1 SN:97884288
2 FM:("max") AND LD:true
3 DC:(260121) AND LD:true
4 2 AND 3
5 CM:/.*max.*/ AND LD:true
6 3 AND 5
7 5 AND CC:041
8 5 AND IC:(041 a b 200)
9 8 NOT CM:/.*maxf.*/
10 8 NOT CM:/.*maxi.*/
11 5 AND CC:009
12 11 AND IC:(009 a b 200)
13 12 NOT 10
14 13 NOT CM:/.*maxi.*/
15 14 NOT CM:/.*max[aeiouy]{1,2}.*/
16 CM:("max" "m a x" "ma x" "m ax")
17 16 AND LD:true
18 17 AND CC:009
19 17 AND IC:(009 a b 200)
20 19 NOT CM:/.*maxi.*/
21 17 AND IC:(009 038 041 a b 200)
22 21 NOT 10
23 22 NOT CM:/.*maxi.*/
24 CM:/.*r[aeiouy]+[gj]+[iey]+n+[aeiouy]+l.*/ A ND LD:true
25 5 AND 24
Useful search elements to view are:
CM:/.*max.*/ which is max with any or no characters on either side in the CM or Combined Mark field of word, pseudo mark, and translation fields
LD:true which looks for only live marks
CM:/.*r[aeiouy]+[gj]+[iey]+n+[aeiouy]+l.*/ which a way of looking for original with similar sounds to any or no characters before “r”, then the sound of “a, e, i, o, u, or y”, then the sound of “g or j”, then “n”, then the sound of “a, e, i, o, u, or y”, then “l”.
CC:009 which looks in the coordinated class of IC 009, to search for files with the same type of services
Looking at the search sequence of the Trademark Examiner performed will show:
a) people new at legal research:
i) what a set of legal research looks like; and
ii) generally how a searcher isolates different areas of what to look at by changing terms for different fields; and
b) people more experienced at legal research:
i) examples of search terms so the searcher does not have to think of search terms themselves, if the searcher is doing a similar search; and
ii) different types of search terms or uses of logical operators the searcher has never used before.
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