Blog and news
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.
Once again we have looked at all EU and USPTO trademark applications the last year - 2012 - and done a quick analysis of what words are used.
The total number of different "words" are over 130.000. The distribution is as usual: 90 percent are used less than 5 times, like PINTEREST and JABRA, and the top 10 percent are used up to 2000 times, like ONE and LOVE.
Popular USPTO trademark words
What words were popular 2012 when it came to getting a US trademark registration?
A new word on the top list is CLOUD, wich was strong already in 2011 with 372 occurrences and this year made it to the top list when it showed up in 454 trademarks applications. Compare that with 2006, when CLOUD only showed up in 28 trademark applications.
Other trademark words moving up on the list are: WATER, FREE, STAR, BODY an NATIONAL.
Single letters are very popular in trademark filings, like T, N and E. A rising star here is the letter M, which appears in more than 700 trademark applications last year compared to 450 the year before.
Words moving down on the list are GREEN, REAL, USA and SOCIAL.
The top 100 USPTO trademark words 2012:
Note that we have eliminated the most common "stop words" like THE, IS, AT, YOU, AND etc, and some company attributes like INC, LLC, COMPANY and GROUP.
Popular EU trademark words
We have also done a similar analysis of the very popular EU trademark registration called CTM (from OHIM). A CTM (Community Trade Mark) covers 27 countries and many languages. Surprisingly there is not a large difference between the EU trademark list and the US trademarks. English is the dominating language, at least in the in the pan-European trademark registration CTM.
A couple of trademark words you find in the CTM top list that you don't find in the USPTO top list: ECO, HOTEL, LONDON, QUALITY, ROYAL, EASY, EUROPEAN and PARIS.
Markify today launches what we believe to be the two most powerful bulk watch services in the world. It is our first premium services to trademark and domain name professionals. You get a 30-day free trial and no credit card is needed!
1. The "Pro" watch in short:
- Both USPTO and CTM
- Similarity level: Full (+99%)*
- All classes included
- Secure (SSL)
- Watch portfolio manager
The "Pro" watch service will give you a weekly report on your chosen marks. The similarity level is set to "Full", returning an average of approx. 99 percent of potential infringements. The price is $19/month for 100 marks or $99/month for 1000. So this is not only the most accurate watch, but also by far the most cost-effective one…
2. The "New Biz" watch is a unique kind of watch. It will give you a weekly "knockout" watch on ALL trademarks in the USPTO or CTM databases. Price? $99/month.
- USPTO or CTM
- Similarity level: Knockout (70%)*
- Registered classes
This means that you have an effective watch on 2.5 million live trademarks! The similarity level is set to "Knockout", returning an average of 70 percent of potential infringements with a minimum of noise.
All services are in Beta, which means that we cannot guarantee their functionality. We look forward to your feedback: firstname.lastname@example.org
Today Markify is launching the world’s first free search and watch for similar trademarks. Our vision is to make it easier for entrepreneurs and brand name creators to avoid conflict and protect their trademarks and domain names.
With Markify you can quickly and easily check any name to see if anybody is already operating under a similar trademark - both in the US (USPTO data) and in Europe (CTM data). So you can avoid them in your search for a new domain name or trademark. Avoid what the law calls "likelihood of confusion". Otherwise you might have to change your name later. A risk no business should take.
This first blog post cover the story on why and how we built this new kind of trademark search that is both fast, accurate and free.
Entrepreneurs and brand name creators know how hard it is to create a new, good name. The crowded domain name space has made it even more difficult. And when you have created a name and you think you can secure the domain name, there is still one big obstacle left:
Are there any similar trademarks out there, doing anything related to your business?
To answer that question you have to spend at least $500 on an availability search for similar trademarks, and that is for checking just one name, in one market. And it takes 48 hours to get the result, which is of course way to long in an intense name creating session.
So that was the problem: Trademark search has been slow, difficult and expensive.
After being involved in professional name processes for ten years I decided to try to change this. I wanted to make trademark search easy, accurate, fast and free. So entrepreneurs and brand name creators easily could check possible names for similar trademarks and domain name availability immediately.
I knew from the start that it was not going to be easy, that we would have to be a team with some very specific competencies.
As it happens, my father-in-law, Benny Brodda, is a professor emeritus in computational linguistics (Stockholm University), and he is a pioneer in the trademark search field. He built one of the first software programs for finding similar trademarks and sold his successful trademark search company in the 90’s. Benny has 30 years of experience and is of course a very valuable advisor.
The rest of us in the team are a mix of software engineers, linguists and trademark experts. We spend most of our time on two things: the algorithm work and creating a user experience that reduces the built in complexity. And we all share a passion for business names - trademarks or domain names.
Together we have built a new trademark search that is easy, accurate, fast and free.
The core: Accurate name similarity
Every year there are many thousand examples of trademark applications that didn’t survive because they were too similar to a registered trademark. Here are some of them:
|New application:||Registered trademark:|
|POWERED BY PERVASIC||PERVASIVE SOFTWARE|
The entrepreneurs and brand name creators behind these and many thousand other applications didn’t just loose the registration fee. They all lost a lot of valuable time and some of them had to pull back a launch at great costs. Then they had to start a new name process - if they were still up to it . . .
But is it really that hard, to determine if two names are similar or not?
If you want to produce a very accurate search result, one that finds most potential “killers” (we call them that) without a lot of “noise”, then it is very hard. From the start we knew that if we were going to be useful to entrepreneurs, we couldn’t deliver search results with too much noise.
It took us in the team 1,5 year to build the core technology, the similarity algorithm. Endless hours spent on statistical tests and different tweaks. A long time but we think it paid off.
We think our search results are extremely accurate. We can today find the similar trademarks with much less noise than any other trademark search service we have seen. And we are constantly tuning and improving the similarity algorithm, so any feedback from you is very valuable to us.
What you should do
To get the most out of Markify you should follow these advices:
- Use our free trademark search early on in your name processes - to save time and avoid future conflicts. Don’t forget that you save at least $500 on every search!
- You should also use Markify to watch your business name or trademark. So sign up for the free trademark watch service and we will send you a weekly mail with all registrations similar to your name (you can watch any 5 names for free). This will save you $100 a year per name.
- If you are uncertain, spend your money instead on getting good advice from a trademark expert. We will provide links to some of them and get a small fee in return.
Business model? We are developing some great premium services that I’ll come back to.
Being a start-up we are very eager to hear your opinion. Mail me your thoughts (use my first name as mail address) or comment below.
Follow on twitter: benoitfallenius
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 email@example.com.