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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.

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. 

 

Top 100 trademark words 2012

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.

Raw lists of the popular 1000 trademark words can be found here: Top 1000 USPTO trademark words 2012, Top 1000 CTM trademark words 2012

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:


1 life 51 day
2 solutions 52 black
3 world 53 water
4 one 54 red
5 love 55 america
6 new 56 fresh
7 health 57 natural
8 be 58 our
9 american 59 bar
10 care 60 b
11 home 61 s
12 t 62 free
13 go 63 plus
14 n 64 music
15 good 65 city
16 power 66 do
17 all 67 more
18 up 68 out
19 center 69 x
20 live 70 usa
21 energy 71 star
22 smart 72 from
23 me 73 sports
24 co 74 way
25 green 75 social
26 no 76 art
27 big 77 kids
28 services 78 that
29 better 79 c
30 business 80 first
31 its 81 make
32 technology 82 mobile
33 get 83 living
34 international 84 not
35 pro 85 service
36 e 86 foundation
37 m 87 body
38 real 88 national
39 club 89 can
40 de 90 systems
41 time 91 healthy
42 best 92 great
43 network 93 people
44 blue 94 1
45 design 95 institute
46 management 96 house
47 just 97 cloud
48 food 98 where
49 system 99 little
50 global 100 association

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 launches powerful trademark and domain services at INTA 2012

The last months we’ve been busy building a whole set of new search and monitoring services for trademarks and domain names. Some of these services are tailored for start-ups and brand owners and some for the trademark professionals.

At the same time we have added some useful trademark and domain databases.

The launch of these services is taking place at the opening of INTA 2012 in May in Washington DC.

The new services and databases have been bundled into three packages with a very competitive  pricing:

1. Brand Protect Kit at $5/month

Every living brand deserves to be protected.

Our new Brand Protect Kit is designed to give the brand owner a broad protection at a very little cost. The package includes four different watch and monitoring services, covering both trademarks and domain names on a global scale:

  • Trademark watch (1) for the US , EU (CTM) and International (WIPO) - Finding 99% of conufsingly similar new trademark applications. Only with Markify.
  • Global domain name watch (1) - Finding conufsingly similar new domains
  • Competitor/Owner monitoring (4) - Get alerted about new trademark applications by your competitors
  • Category monitoring (4) - A combined class and key word monitoring. Only with Markify.

Read more in the blog post Global domain and trademark watch included in new Brand Protect Kit

2. Pro Watch Platform at $5/month

The new Pro Watch Platform is a trademark and domain name watch service, designed both for the inhouse attorney and for the law firm that wishes to give all its’ clients a powerful Brand Protect Kit.

For only $50/month you can easily create 25 Brand Protect Kits, all in your custom branding. A powerful tool to give clients a "first line" protection against trademark infringement.

Read more in the blog post Trademark attorneys can now afford to give all clients a global watch & monitoring service

3. Comprehensive Search Reports at $100

I have talked to a lot of trademark attorneys serving small and medium sized businesses  They all say the same thing: clients can't afford to spend +$500 on a comprehensive search before they do their application for a trademark registration.

We set out to change this. So we added US common law , Global domain name (200 TLDs) and WIPO to our already existing databases USPTO and CTM. Then we put the price tag at $100.

Every brand deserves a safe start .

Read more in the blog post Now anyone can afford a Comprehensive Search Report

Effects on current services

The free trademark search result list will be limited to the “Very similar” results. It will continue to show how many total results each search produced but the list will only display the “Very similar” results.

After studying thousands of free trademark search users we think this change won’t affect most users. The vast majority are only looking at the first couple of result pages, where you find the “Very similar” results. The rest of the results are generally only studied by trademark attorneys working on a clearance report.

The Free trademark watch for USPTO and CTM remains untouched.

All current Pro customers are being transferred to the new Pro platform.

Our API users will affected in the same way as the free search is affected. The API will from now give you access to the "Very similar" results.

If you have any questions or feedback, don't hesitate to contact me.

Read about all the new services launched by Markify at INTA 2012:

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

Now anyone can afford a Comprehensive Search Report

Global domain and trademark watch included in new Brand Protect Kit

We have new motto for our watch and monitoring services:

Every living brand deserves to be protected.

Our new Brand Protect Kit is priced and designed to deliver on that motto. For only $5/month the brand owner gets a broad, “first-line” brand  protection. The package includes four different watch and monitoring services, covering both trademarks and domain names on a global scale:

Trademark watch

(1 watched mark per Kit)

Earlier we only had USPTO (US federal) and CTM (EU) in our trademark monitor service. Now we have added the large international database WIPO. This is still the only trademark watch service that finds 99% of new confusingly similar trademark applications.

Global domain name watch

(1 watched domain name per Kit)

This is a new flagship service we believe many brand owners will find attractive. Compared to other domain name monitoring services ours also finds new, confusingly similar domain names in the big TLDs (.com, .net, .org, .us, .info and .biz). Add to that an identical watch of around 200 ccTLDs, and you have a domain name monitoring service we believe is hard to beat.

Owner/competitor monitorint

(5 monitored owners per Kit)

When a company applies for a trademark registration, it is often a very early signal of that they are planning something new. To watch what trademarks your competitors or other trademark owners tries to register is a a good source of intelligence.

Category monitoring

(5 monitored categories per Kit)

This is a new kind of product we believe is quite unique. Here you monitor every new trademark application in the trademark classes you are interested in. Then you add one or several key words to filter out the relevant trademark applications.

Every week you will get an email with a summary of the results, and you’ll find the full report in  your web control panel.

All this for only $5/month. To low? Maybe, but we would rather see many companies protecting their brands and not just the big ones.

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

Now anyone can afford a Comprehensive Search Report

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

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.