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Why is accuracy in trademark search so important?

Trademark practitioners of course know the answer but often have a hard time explaining it to their clients or to their organizations.  

"Because without that accuracy you do not know, if it is safe to launch the new brand. And a future conflict is not something you want to risk." 

Even if that should be rather easy to understand for trademark owners, there are a lot of premium trademarks launched without accurate clearance work done. It is our objective to change that with four unique Markify properties:

1. Find All Potential Conflicts

The Markify technology is the world's only statistically proven trademark search algorithm. Built on more than 12.000 actual cases where a government official in the US or the EU have concluded that two mark names are confusingly similar.

So we know we find the potential conflicts (+99%). We are not guessing. See the independent research study.  

2. Less Noise 

Our statistical method also let's us reduce the "noise" in reports and rank all results according to their statistical risk. 

3. Fast and Easy Work-Flow

This full availability search just takes one minute. And the available tools to get the clearance work done are both powerful and easy. 

4. Best Price and Free Trial

Taking a risk with a less accurate trademark search report is something very few companies can afford. We at Markify believe you should be able to combine top quality in a comprehensive report with a low price, so you never have to take that risk.

Visit the Markify exhibition booth (#1316) in Orlando for a demo and get your free trial.

If you are not there, send me an email at benoit@markify.com.

Full Common Law Coverage Now Included in the US Full Trademark Search Report from Markify

For the first time you can now get an automated, full common law search included in your US trademark clearance report. And still not pay more than $129 for the whole report. 

On demand from our US clients we have expanded our common law coverage with some of today's most important content. The US Full search report's common law part now includes six different sections:  

   > Web search - New

   > Image search - New

   > Social media search - New

   > Social name search - New

   > US company names

   > Domain names 

It is hard to imagine a relevant result that could not be found within these groups today. Ten years ago there were still a number of printed sources, like telephone books and magazines, with "trademark" names that did not show up anywhere else. But that is not the case anymore. 

So we think this makes the common law section for the US Full truly full/comprehensive. 

The trademark results section was already full, with both federal and state trademarks, all processed with the best similarity algorithm in the world

Same low price

And we decided to add these new sources without changing the price - $129 - which is by far the best price in the industry for a comparable comprehensive - full availability - US trademark clearance report. Other providers are charging more than $600 for such a report.   

In order to keep the search fast and not drive extra costs, our search is fully automated, with the below described settings for the US Full trademark search report: 

- - -

> Web search - New
Scope of search: An automated, "intelligent" web search where known biases as region and personal search history have been eliminated. The search combines the trademark name with important keywords provided during the order. 

The top 30 results are included as links and short descriptions. Optional: You can add screen captures of the relevant pages where also the keywords have been highlighted.  

Note: The web/social media is so big that even the best keyword search may retrieve a million search results. This means that no search report, automated or human, can guarantee that there are no potential common law conflicts out there. All we can do is minimize the risk.    

> Images - New
Scope of search: The same search settings as the Web search. The top 30 results are included.

> Social media search - New 
Scope of search: A search of the use of the trademark name in the world's largest social networks: Facebook, Linkedin, Twitter, Instagram, Google+ and Pinterest. The top 20 results from each social network are included. 

> Social names - New 
Scope of search: A search if the trademark name is registered as a user name in any of 80 social networks.

> US company names 
Scope of search: A search among more than 20 million secretary of state business records from all US states and Washington DC. Identical and very similar results.

> Domain names 
Scope of search: Identical and very similar results from more than 1000 TLD's, covering both gTLD', ccTLD's and New gTLD's. See full list.

> Federal trademarks (USPTO) 

Scope of search: The world's best similarity algorithm, finding more than 99% of potential conflicts. Official data updated daily from the USPTO .

> US state trademarks 

Scope of search: A search among all the 50 US states' trademark records. (Same similarity algorithm as the federal search.)  

- - -

The average turn-around time: 5 min. And you can choose to include or exclude any of the above sections in your report. 

If you have not yet tried our full availability report, send me an email and I will set you up for a free trial. 

If this is not the best US full availability report, please tell me what is missing or what should be changed? The best suggestions will be rewarded. 

The World's First Statistical Risk Analysis of Full Trademark Search Reports

Since we started Markify six years ago our aim has been to build and improve the world's best trademark search algorithm. Finding all potential conflicts but with as little noise as possible.

Now we are releasing our next step in that work - our statistical Risk analysis. 

The ranking of our results is based on a statistical analysis of more than 10.000 official cases of confusingly similar trademarks in the EU or the US. These come from OHIM decision and from USPTO 2(d) citations and TTAB decisions. 

The main difference between these two sources are the number of languages they handle. While the USPTO largely concentrate on English, and Spanish to some extent, the OHIM/CTM decisions handles 28 countries, all with a mix of languages.  

Instead of showing the individual risk level for every result, we have gouped the results in four "Risk level" groups. Each level indicate statistically how big risk there is that you will find a potential conflict in this group.  

Level 1 - Very high risk.

Of all conflicts in Europe or the US, 20% have these types of similarities. 

This group of results typically stands for less than 1% of the total amount of results. 

Level 2 - High risk. 

Of all conflicts in Europe or the US, 40% have  these types of similarities. 

This group of results typically stands for only 5% of the total amount of results. 

Level 3 - Medium risk. 

Of all conflicts in Europe or the US, 25% have these types of similarities. 

This group of results typically stand for 20% of the total amount of results.  

Level 4 - Low risk. 

Of all conflicts in Europe or the US, 15% have these types of similarities.  

This group of results typically stands for 75% of the total amount of results. 

As you can see above, the lower the risk, the longer the result list. The last group of results contain 75% of all results, but with only 15% of the potential conflicts. 

This is frustrating for us developing the algorithm and for our clients, who have to analyze all results. Just think how much easier trademark clearance work would be if you could just skip Level 4. But unfortunately there are so many conflict cases in this group that you cannot neglect it. 

However, in some cases I know that the attorney does skip the lower part of the results list. This is often the case when he wants to save time and money for the client and maybe when the client feel that an opposition is not the end of the world. 

For other clients, with a marketing start in the near future, that would not be an option. They would not want to risk the first six months of marketing investments... 

Risk levels are currently not included in downloaded reports. Our thinking is that most of our clients' clients will not understand the meaning of "risk". It is just there in the online report to make your job faster and easier. 

Please send me your feedback at benoit@markify.com.

Notes

The "signal-to-noise ratio" - the scientific name for measuring accuracy - is tested as the best in the trademark search industry (see independent Benchmark Report). 

The Markify Comprehensive Search Algorithm finds more than 99% of potential conflicts, but does it with a total number of results that on average is 50% lower than comparable reports (Full /Comprehensive reports) done by other providers. 

 

Now anyone can afford a Comprehensive Search Report

The Markify trademark search has since the start 18 months ago been recognized as the most accurate and comprehensive in terms of finding confusingly similar trademarks. Now we add new databases and new features to make it even more useful in our two main markets: the US and the EU.

To our current databases, USPTO and CTM, we now add:

  • US common law – A search among more than 15 million registered US businesses.
  • Domain names –  Confusingly similar domain names in .com, .net, .org, .info, .us and .biz. Identical hits from approx. 200 ccTLDs.
  • WIPO – More than 600.000 international trademarks.

The new Comprehensive Search Report from Markify has four features no other search provider have:

1. Superior accuracy

We are the only search provider that can give you a result list that finds 99% of all confusingly similar trademarks (see benchmark report where Markify was ranked number 1.

Our result list also contain much less “noise” than other full availability reports. Instead of going through a list of say 2.000 results, you get a list of 300 results. This ofcourse saves you lots of time.

How is it possible for us to give you all the relevant results but skip the bad ones?

The Markify trademark search s is a built on a statistical method using more than 10.000 actual cases where a likelihood of confusion has been established by a governement official, in the US or in Europe.

To our knowledge, no other trademark search algorithm is built like that.

2. Relevance ranked results

The Markify Comprehensive Search Reports are relevance ranked (so is in fact the free trademark search also). This means that you in most cases will find your potential conflicts on the first pages. Talk about time saving.

The relevance ranking is also built on the statistical case law data.

3. Custom branding

You can easily customize the report and put your own branding on it if you choose. Once you have bought the data, you can customize and download as many variants of the report as you like.

4. Unmatched price: $100

We believe every brand deserves a safe start.

Most entrepreneurs and start-ups work on a very tight budget. Until now most of them have skipped a full availability search, because a price of $300-$600 has not seem attractive.

We aim to change that. We start by putting a rock-bottom low price on our two Comprehensivie Search Report packages: only $100 for the US Comprehensive or the EU Comprehensive.

Read about the other new services launched by Markify in May:

Trademark attorneys can now afford to give all clients a global watch & monitoring service

Global domain and trademark watch included in new Brand Protect Kit

Markify launches powerful trademark and domain services at INTA 2012

Benoit Fallenius Founder and CEO

In this blog I will mostly write about two subjects:

1. Trademarks, domain names, naming and branding - Four separate areas that often are not that separate.

2. Markify news - Features, markets, pricing, challenges etc.

Feedback and questions are always welcome. Email me at benoit@markify.com.