Blog and news
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 email@example.com.
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.
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 firstname.lastname@example.org.
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.
We have now added the Canadian trademark database (CIPO) to our searching and monitoring services. We have made some adjustments to our system to handle that Canada not yet fully use the Nice classification system.
The price for a Comprehensive Search, or a Full Availability Search, as some providers call it, is set at USD 81 (or 59 EUR). For that you get our best-in-class similarity search algorithm that finds 99% of all confusingly similar trademarks – and with less "noise”. It is actually the best trademark similarity search in the world (see search report here).
Do you want to try one Comprehensive Search Report for free? Send me an email and I will send you the promotion code (benoit at markify.com).
We also offer our Knockout Plus Search for Canada for only USD 40. This is “broad” knockout, finding both identical, phonetically identical and other very similar results. Approx. 60% of all potential conflicts but with only 10% of the list length. This is the professional choice for any name screening project or for an application on a tight budget.
To order, you just sign up here: http://www.markify.com/services/comprehensive-search.html
You find the watching service here and the yearly price is only USD 34. Every week you get one report per client. And you get the same strong similirity algorithm so you will not miss any potential conflicts. Combine it with US watch if you need.
Questions? Contact me at benoit at markify.com.
To the lucky few at the INTA Annual meeting 2014 in Hong Kong, starting this weekend:
All attendees who leave a business card in our booth (number 725) will win one prize, and one attendee will win two:
1. One lucky winner will once again walk away with an iPad. We were the first firm to offer give away a free iPad, back in INTA San Francisco 2011. There are still few other rivalining products. Maybe next year in San Diego....
2. ALL others will win a FREE Comprehensive Trademark Search Report. You can choose between different reports, covering up to 28 EU countries (value 450 EUR) or a US Full availability (USD129). See all choices here
Come by, with questions and business cards, and you will ALL be rewarded!
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.