Before applying for a trademark, a knockout search is always a great idea to reduce risk of getting a §2(d) likelihood of confusion rejection. A likelihood of confusion rejection is one of the more critical rejections because the USPTO has identified a trademark that will prevent registration of the trademark. In addition, the rejection may also be a hint to possibility of trademark infringement.
Applying for a trademark already costs $250 -$350 per class without an attorney and around $1000+ with an attorney. If the trademark is not successful because of a §2(d) likelihood of confusion rejection, the money will not be returned. The business may then have to find a new trademark to apply. If a business wants to apply for a trademark on their own, using a knockout search service may prevent having to make multiple payments to register an appropriate trademark.
Below are three popular trademark knockout search services:
1. TMTKO
TMTKO is a well-known trademark knockout search service. It is used by many law firms and very helpful for businesses who file many trademarks.
The features provided by this service include:
- Trademark clearance: Analysis of mark strength and risks related to other trademark data. The service also includes a common-law search function to detect non-registered trademarks as well.
- Office Action Research: Research capabilities with office action rejections including §2(d) refusals and identify the fact patters for a stronger response.
- Watch Service: The service watches for other trademarks that receive §2(d) refusals and additional marks that may be confusingly similar to the businesses trademark.
TMTKO runs on a subscription based payment system. This subscription may be billed monthly or annually depending on the users. This type of service may be better if the business is applying for a large number of trademarks.
2. Markify
Markify is another well-known trademark knockout search service for law firms. Markify has their own algorithm for all their searches.
The features provided by this service include:
- Trademark Clearance: The service provides a comprehensive search for both word marks and image marks. There are options to search just the US or all countries as well.
- Trademark Watch: The watch service also watches other trademarks that may be confusingly similar to the businesses trademark.
- Domain Watch: The watch services is similar to the trademark watch as well. The watch finds not only identical but also confusingly similar domain names.
Markify has different pricing for their different services. For the clearance service, there is a one time payment for one search report, for example, US full trademark search report is $129/ report. For the watch services, they have their own pricing per year (Trademark watch – $29/year and Domain watch – $39/year). This service may be good businesses that do not file as many trademarks since the service can be used for one time reports.
3. Trademark Now
Trademark Now like the two above also provides the basic clearance searches and watch services.
The features provided by this service include:
- Trademark Clearance: The service provides a search for trademark registries and common law search. The search includes both word marks and design marks
- Trademark Watch: The watch services also watches other trademarks that may be confusingly similar to the businesses trademark.
Trademark Now has competitive pricing and the service accepts payments through a pay-per-search or subscription method. The pay-per-search is $99.99/search. The price of the subscription is dependent on the regions.