Benefits of performing a trademark search by artificial intelligence before filing your trademark

Benefits of performing a trademark search by artificial intelligence before filing your trademark

  • 16 May, 2024
  • Nyall Engfield

Benefits of performing a trademark search by artificial intelligence (AI) before filing your trademark

Performing a trademark search before filing a trademark application offers several benefits. Firstly, it helps assess the likelihood that a prior pending application or trademark registration will be cited against the proposed mark. It also confirms that the mark is available for use without infringing prior rights of others. This process identifies third-party trademarks, both common law and registered, that are identical or similar to the proposed trademark for the same or related goods and/or services.

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Types of trademark searches

There are two types of trademark clearance searches: preliminary (or knock-out) searches and comprehensive searches. Preliminary searches are an inexpensive way to disclose obvious blocks to use or registration of a mark. They identify identical or near-identical marks in a computer database of federal trademark applications and registrations. Comprehensive searches are more detailed and can be conducted by professional search firms, which use additional resources to search for common law uses of the mark.

Conducting such searches can help clients avoid unnecessary costs, objections, and possibly lawsuits down the line by parties with similar or identical marks. It also allows for greater certainty and less risk, as product packaging, products bearing the mark, and marketing materials frequently must be produced well before the mark is registered.

But when you receive trademark search results, it's typically a jumble of trademarks and it's difficult to determine the relevance of the results without a trademark attorney spending a lot of time with the results (and that can be expensive).That's where AI comes in.

Trademark search by artificial intelligence

Performing a trademark search by artificial intelligence (AI) before proceeding with a trademark application can provide several benefits:

  1. Comprehensive search: AI-powered trademark search engines can scour through vast databases of registered trademarks, pending applications, and other relevant sources more thoroughly and efficiently than manual searches. This ensures that potential conflicts or similarities are not overlooked.
  2. Similarity analysis: AI algorithms can analyze the similarity between the proposed trademark and existing marks based on various factors, such as visual appearance, phonetic similarity, and semantic meaning. This can help identify potential conflicts that may not be immediately apparent to human reviewers.
  3. Risk assessment: By evaluating the search results, AI systems can assess the risk of potential infringement or confusion with existing trademarks. This information can help businesses make informed decisions about whether to proceed with the application or consider alternative options.
  4. Time and cost savings: AI-powered trademark searches can be performed quickly and efficiently, reducing the time and resources required for manual searches. This can lead to cost savings, especially for businesses that need to conduct multiple trademark searches.
  5. Objectivity: AI systems can provide an objective and unbiased assessment of trademark similarities, reducing the potential for human error or bias in the evaluation process.
  6. Ongoing monitoring: Some AI-powered trademark search services can continuously monitor new trademark filings and alert businesses to potential conflicts, allowing for proactive measures to be taken.

It's important to note that while AI can be a valuable tool in the trademark search process, it is generally recommended to have the results reviewed by a qualified trademark attorney or legal professional. They can provide expert guidance on the legal implications of the search findings and advise on the best course of action based on the specific circumstances. But even without attorney review, the AI can help determine which results are relevant and should be considered.

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