A guide with database descriptions
Table of Contents
Note: The Canadian Trade-mark Office ruled that the Canadian spelling is "trade-mark" rather than the more usual term "trademark".
Internet Addresses for On-line Trade-mark Searching
Briefly, there are currently only two free searchable English language trademark databases on the Internet that provide full records, Canadian (Strategis) and Australian (atmoss). Note that these two databases are pretty much designed for exact searches - the commercial services offer some artificially intelligent databases that attempt to find synonyms, related spellings and terms embedded in strings of letters.
All the sites listed below are links to sites for trademark search tools or sites for the commercial pay-as-you-go services. Many law firms supply general information on trademarks on their sites.
Searching Canadian Trade-marks
- CIPO
- BIX
- Wares and Services Manual
- CDName
- Variety of trade-mark databases
- Variety of trade-mark databases
Searching Australian Trade-marks
Searching United States Trade-marks
- Goods and Services Manual
- Corporate Intelligence
- Thomson-Thomson
- Dialog Web
- Questel
- MicroPatent
- Atlas
Searching Other Trade-marks
A trade-mark is a word, symbol, design, shape or combination of these which distinguishes the goods and/or services of one business from another.
There are essentially three types of trade-marks in Canada. These are: ordinary marks, distinguishing guises and certification marks (and pending applications for any of the above). In addition, geographical indication and forbidden marks are forms of trade-marks which should be considered when doing a trade-mark search.
Ordinary marks consist of words, designs or combinations of words and designs. This category forms the bulk of the trade-marks in Canada.
Distinguishing guises protect the distinctive shape of a product or its packaging. The level of distinctiveness required for a distinguishing guise is higher than for a ordinary mark, therefore, there are fewer of them. The shape of the Coke bottle and the Lifesavers candy are the subject of two such distinguishing guises.
Certification marks are trade-marks which are owned by a second party who are interested in maintaining a certain quality standard for certain goods or services. These marks are licensed to companies whose goods or services meet the quality criteria defined by the owner of the certification mark. The organization which owns the certification mark cannot themselves be involved in the trade of the good or service to which the mark applies. The Wool mark owned by the Wool Bureau of Canada is such a mark.
Geographical indications are a form of trade-mark which protects the name of a region which is famous for certain types of products. In Canada, geographical indications can only be sought for wines and spirits. However, Canada also has a list of names which are considered generic and are therefore not eligible for protection as a geographical indication.
Prohibited marks are the subject of Section 9 of the Trade-mark Act. These are certain prescribed insignia, emblems and the like, often associated with a government organization, which may not be used as a trade-mark by someone else. For example, the Red Cross is a prohibited mark which can only be used by the Red Cross. Since prohibited marks are not examined by the Office and they take precedence over normal marks, businesses should be careful not to use any marks which too closely resemble a prohibited mark.
Plant variety denominations (Section 10.1 and Section 12(1)(f)) are also subject matter for which a trade-mark registration cannot be sought. Therefore, it is important to only use marks which do not closely resemble a plant variety denomination.
Trade-marks are not trade names. A trade-mark distinguishes the goods and services of one business from another. A trade name, on the other hand, is simply the name of the business. A trade name may also be a trade-mark if the name has acquired a distinctiveness in association with the goods and/or services of the business.
It is important to note that trade-marks do not have to be registered to enjoy protection. Simply the use of a mark can afford protection in the region in which the mark has an established reputation. However, outside that region, the mark has no protection. Registration of the trade-mark at CIPO provides protection across Canada but not in other countries. To protect a trade-mark in foreign countries, the use of the mark in these countries will afford some protection but, in general, registration in each jurisdiction would be required.
Brand recognition and the associated goodwill are important assets to a company which is competing in the global market place. Advertising strategies are often formulated around the name of the product or the particular mark which distinguishes the product from all the others in the market. Therefore, trade-marks are an important part of a company's business strategy and are treated as valuable assets.
When a business is ready to bring a new product or service to the market place, it should consider whether the proposed mark is clearly distinguished from all the other trade-marks in that area of commerce. If the mark is not clearly distinguished, there are some problems which may be encountered. Firstly, the product or service may not be readily identifiable to the company's customers as belonging to the company. This could result in a negative impact on market share. Secondly, the mark may be confusing with an existing mark which could lead to the possibility of a trade-mark infringement suit. Litigation, especially if lost, is costly both monetarily and in terms of damage to the company's reputation. Therefore, it is important to do a trade-mark search in all the regions in which business will be conducted in order to avoid using a mark which would be confusing with an existing mark.
Searching trade-mark databases can also provide strategic information about competitors and other companies in general. The extent of the trade-mark portfolio in various areas of commerce can provide information concerning the relative importance of those areas to a company. In addition, by looking at trends over time, the general direction of a company can be mapped to see where they are likely going with the business. Also, because trade-mark data will often list a chain of ownership, company acquisitions can be mapped which gives invaluable strategic information. Finally, trade-mark searches in foreign databases can illuminate the global business activity of a company and the markets which it considers important for its various goods and services.
Another reason to search trade-mark databases is to locate possible licensing opportunities. An existing, well-known and reputable trade-mark may be ideal for a starting company who wishes to bring a product to market which is better than existing products. Instead of competing directly against all the other brand names, it may be possible to enter into a licensing agreement with an existing competitor whereby the product is manufactured by the starting company but sold under the brand name of the established company.
Lastly, it is important to note that since all trade-marks are not necessarily registered, even a very thorough search of registration databases may not find everything. However, not searching at all will guarantee that nothing will be found.
Searching trade-mark databases can be done by two basic strategies:
Keyword searches can be performed in a variety of fields, many of which are listed below. The types of fields available depends on the particular database being searched. Most of the available on-line databases are limited in scope, therefore the fields below are representative of a more complete database.
It should be noted that trade-mark databases only contain marks for which registration has been sought. Common law marks will not be searchable in these databases.
File and Registration Numbers
The file number is usually the number given to an application when it is filed in the Trade-mark Office. The registration number is the number given to a mark upon registration. In Canada, the two numbers are different.
Owner
The owner field contains the names of the company or individuals which own the trade-mark. In some databases, ownership data may contain the entire chain of title. This field is particularly useful when doing a search for strategic information regarding a particular business. The trade-mark data can give some idea of the nature of a business and the direction that the business is taking.
The Mark
This field is perhaps the most evident one to search by keyword but it can also be problematic. If the trade-mark is a word, then simply typing the mark will provide a list of hits. However, if the mark is a design, then this field may not be searchable unless a description has been inserted instead. For design marks, other fields like the Description and the Wares and Services must also be searched.
The Description
This field uses text to describe what the trade-mark looks like. If the mark is a design or contains a design component, this is one field which can be searched by keyword in order to search the design components.
The Wares and Services
The Wares and Services field could be one field or it could be divided into two fields, one for wares and one for services. Since trade-marks distinguish the wares and/or services of one company from another, a trade-mark only applies in the area of commerce in which the company does business. Thus, the owner of a mark must specify the wares and services to which the mark applies. In Canada, there is a manual which lists categories of wares and services. The particular words which are used to describe the wares and services should be taken from this list in the Canadian database, however, this is not a requirement. As well, the wares and services in other countries may be described differently. In addition, some countries do not permit trade-marks for services so there will be a field only for the wares.
Translations and Transliterations
A translation conveys the meaning of a word or words in one language into the word or words in another language. Transliteration involves the direct rendering of the letters or words in one language to another without necessarily conveying the meaning.
Disclaimers
Sometimes, in order to have a registrable trade-mark, the owner of a mark must renounce ownership over a part of the mark to which he is not allowed to have a monopoly. This renunciation is found in the disclaimer. For example, in the trade-mark BIG SUGAR, the word SUGAR is disclaimed since it is too descriptive of the wares which the trade-mark represents. Therefore, the owner has no rights to the word SUGAR when used outside the mark BIG SUGAR.
When doing a keyword search, there are certain principles that must be considered in order to do a thorough search. A simple search on the exact word is not sufficient to ensure a thorough search. Since trade-mark infringement and registrability depend on similarity between marks, the searcher must also consider synonyms, phonetic equivalents, alternate spellings and translations. If the proposed mark is the same or similar to an existing mark with respect to related goods or services, then the two may be confusing and the proposed mark may not be registrable. A separate search on each component of the mark may be necessary to be complete.
Synonyms - Synonyms are words which are completely different but have the same or very similar meaning. For example, the words "cat" and "feline". The words "lion", "tiger" and other types of cats should also be searched since they carry similar connotations. Another example are the words "depot" and "warehouse" .
Phonetic equivalents - Phonetic equivalents are "words" which sound the same or similar. For example, "feline" and "pheline". This is particularly relevant for coined terms.
Alternate spelling - Alternate spelling refers to words which can be legitimately spelled differently in the language. For example, "color" and "colour".
Translations - Translations from French to English and vice-versa must be considered. For example, "cat" can be translated to "chat" or "chatte".
To make searching easier, there are systems of classification which categorize marks according to the type of features present in the mark. These systems generally consist of a hierarchy of descriptors which permit the identification of both large and subtle distinctions between types of marks. The following are two systems which are used internationally.
Nice Classification
The seventh edition of the "International Classification of Products and Services for the Purposes of the Registration of Marks" under the Nice Agreement is on the Internet at http://www.wipo.int/classifications/nice/en/ The Nice Classification system consists of 42 classes which are categorized generally on the basis of the function or use of the wares or services.
There is also an Alphabetical List of wares and services associated with the Nice system which consists of five columns. The first column indicates the Nice class of the particular ware or service, the second and third columns give the English serial number and indication of the ware or service respectively, while the fourth and fifth columns give the French serial number and indication of the ware or service respectively. Therefore, each line in the Alphabetical List gives the Nice class as well as the English and French indications for a particular ware or service. The Alphabetical List is similar in purpose to the Canadian Wares and Services Manual except the Canadian Wares and Services Manual does not have class numbers and serial numbers associated with the indications.
The 42 Class Listings are also accompanied by Explanatory Notes which explain in more detail what is and what is not covered by the class.
Typically, when faced with the task of classifying a ware or service, the searcher will first refer to the Alphabetical List in order to find the ware or service in question. The Alphabetical List consists of a list of General Terms which are often accompanied by expressions in brackets. Expressions in square brackets further define the general term to clarify ambiguities and to assist in proper classification. Square brackets will also cover equivalent American expressions in which case the denotation (Am.) will also appear. Expressions in round brackets often indicate cross-reference or alternative terms which can be found in the Alphabetical List. Expressions in round brackets may also indicate general terms under which the ware or service cannot be found in the Alphabetical List. General Terms with an asterisk (*) beside them are those for which a cross-reference exists.
Once an indication in the Alphabetical List is found, the Nice class is noted and the Class Listing and Explanatory Notes which accompany the class listing are consulted to determine the appropriateness of the class.
If the ware or service cannot be classified using the Alphabetical List, the Class Listings and the Explanatory Notes then there is a General Remarks section which explains how to proceed.
Once the appropriate class or classes have been determined, they can be used to aid in searching, provided the database has the Nice class as a searchable field. If there is a Wares and Services field in the database, the indications found in the Alphabetical List can be used as keywords since applicants are encouraged to use these indications when describing the wares and services associated with the trade-mark.
Vienna Classification
The fourth edition of the Vienna Classification system established under the "Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks" is on the Internet at http://www.wipo.int/classifications/vienna/en/
The Vienna system facilitates the searching of design marks by permitting the classification of the figurative elements of the design.
The Vienna Classification system is hierarchical and consists of 29 categories, 144 divisions and 1,634 sections. Sections are further divided into Main Sections and Auxiliary Sections where the Auxiliary Sections further define the figurative elements covered by the Main Sections. The coding system consists of three numbers: the first represents the category and can be any number from 1 - 29; the second is the division and can be from 1 - 19; and the third is the section and can be from 1 - 25. An example is code 1.11.2 wherein 1 is the category Celestial Bodies, 11 is the division Constellations and 2 is the section Orion. Any section with the letter A in front is considered to be an auxiliary section of the main section immediately preceding it.
In order to facilitate classification, there are three lists of increasing detail. The first is a Table of Categories for quick reference. The second is a Table of Categories and Divisions with Explanatory Notes which outlines the divisions available for each category. The third is the most detailed and is called the List of Categories, Divisions and Sections with Explanatory Notes. Explanatory Notes give more guidance on what is and what is not classified in the various categories, divisions and sections.
Finally, the General Notes for the List of Categories, Divisions and Sections with Explanatory Notes should be consulted for particular guidance with regard to the use of the List.
Search syntax is the "language" used to perform a search in a search engine. Each search engine has its own peculiarities which the searcher must learn. However, there are some commonalities among all search engines.
When formulating a search, the searcher must write a "search string" which is like writing a sentence in normal languages. If the construction and grammar (syntax) is obeyed, then the computer will successfully perform the search. However, since computers are essentially dumb, it is imperative to formulate the search string in exactly the correct manner. This means that if even one small mistake is made, the search will not be performed correctly. Thus, it is important to learn both the basics of search syntax as well as the peculiarities of each search engine.
A search string consists of essentially three types of elements. These are:
search terms (sometimes called "keywords")
Search terms are the specific words, phrases or characters which the searcher desires to look for in the database. These may be real words such as in a search of the description, numbers in a registration number search or dates in a registration date search.
search fields
Search fields are the areas of the database in which the search for the term will take place. Searching the appropriate field will maximize the relevancy of the documents obtained. There is no point searching for the owner by name in the wares and services field since the owner field is more appropriate. The quantity and type of fields available vary from database to database but databases will allow searches for the mark itself at the very least.
operators
Operators are used to link search terms in a logical fashion in order to combine a number of terms into a single search. This permits the searcher to maximize both the quantity and quality of documents retrieved during a search. The number and type of operators useable in a search engine are often an indication of the overall usefulness of the search engine for retrieving information.
Search terms:
Search terms are normally entered by the searcher, either in individual boxes as in Panel type search engines or on a single line in Command line search engines. The syntax of a search term depends on the field being searched.
eg. the description of the mark contains normal words "beverage"
eg. the registration number contains numbers (and possibly letters) "UCA016464"
(in Canada letters indicate the Act under which the registration occurred)
In most search engines, the fields are case insensitive so that terms can be capitalized or not. However, occasionally a field will be case sensitive. Particular attention must be paid in each database to such peculiarities. In addition, punctuation should be considered closely since a punctuation mark may be part of a term.
In most search engines (but not all) the term typed will be searched as it appears. If there are variations in spelling of the term, or if there are other alternative forms of the term, the search engine will not find them. In order to overcome this problem, most search engines allow the use of "wildcards". Wildcards are special characters which can be used to take the place of one or more normal characters found in a term. The types of wildcards vary widely from one search engine to another but there are some standard concepts.
eg. Wildcards which replace any number of characters - * is the most common
This wildcard replaces any number of characters including zero characters. Sometimes it can be used anywhere in a term and sometimes only at the end of a term.
skate* - would retrieve the terms "skate", "skater", "skaters", "skateboard", etc.
d*g - would retrieve the terms "dog", "drug", "distinguishing", etc.
*board - would retrieve the terms "board", "skateboard", "inboard", etc.
Extreme care must be used when using this wildcard since many irrelevant terms can be encompassed. This would disproportionately increase the number of documents retrieved and make the search useless. In addition, the length of time required to do the search dramatically increases, and, in some cases, the search engine would refuse to do the search.
eg. Wildcards which replace exactly one character -
The character used is different in almost every search engine. The Canadian Trade-mark Database uses the underscore: _
This wildcard is much more precise than the ones above as it can represent only a single character.
skate_ - would retrieve the terms "skates" and "skater" but not the term "skate"
d_g - would retrieve the terms "dog" and "dig" but not the term "drug"
Some search engines do not use wildcards explicitly. They have an implicit wildcard at the end of any term (this is called stemming). Thus, typing "skate" would also retrieve "skates", "skateboard", etc. This feature can be usually turned off to permit searching on "skate" alone. However, most trade-mark search engines use the explicit wildcard idea described above.
Search Fields:
Databases are constructed in discrete areas of information called "fields". Each field contains information specific to one concept. In this manner, an information searcher can quickly focus on the desired information by searching the fields which are most appropriate for the needs. Therefore, when writing a search string, the searcher must specify a field for each search term.
In Panel type search engines, fields are normally chosen from a pop-down menu through a click and select mechanism with the mouse. In Command line search engines, the searcher must type a field code into the search string along with the search term. The syntax varies considerably for field codes and their use in a search string so the database Help feature should be consulted for search engines which use a Command line.
Operators:
Operators are words which connect search terms in a logical manner in order to maximize the efficiency of a search. Operators are relatively consistent among databases.
| Boolean operators: | AND |
| OR | |
| NOT (sometimes ANDNOT or BUTNOT are used) | |
| Proximity operators: | NEAR |
| AND | Both terms must appear in any record retrieved by the search. |
| eg. skateboard AND rollerskate | All records retrieved must contain both the term "skateboard" and the term "rollerskate". |
| OR | Either one or the other term must appear in any record retrieved by the search. |
| eg. skateboard OR rollerskate | All records retrieved will either have the term "skateboard" or "rollerskate". Both may appear but only one is necessary. |
| NOT | The first term must appear but the second term must not appear in any record retrieved by the search. |
| eg. skateboard NOT rollerskate | All records retrieved must contain the term "skateboard" but must not contain the term "rollerskate". If "rollerskate" appears, the record will not be retrieved even if "skateboard" does appear. |
| NEAR | The second term must appear within a certain number of terms of the first, either before or after. The default varies from one search engine to another although 10 terms is common. Many search engines permit the searcher to change the value so that NEAR can equal a different number of terms. The syntax for changing the value varies widely. There are also a wide variety of other proximity operators which are supported by various search engines. They will not be discussed here so refer to the Help feature of the particular search engine that is used. |
| eg. skateboard NEAR brake | All records must contain the term "brake" within a certain number of characters before or after "skateboard". |
Just as in mathematical operations, search operations are conducted in a certain order depending on the precedence of the operators. In general, the precedence of operators is as follows:
proximity operators > NOT > AND > OR
Example 1: skateboard OR wheel NOT tire
The operation "wheel NOT tire" is performed first to form a set of documents in which the term "wheel" appears but not the term "tire". Then the OR operation is performed to form the final set of documents in which the term "skateboard" appears or the term "wheel" provided that when "wheel" appears, "tire" does not also appear. Therefore, documents will be retrieved which could contain both the terms "skateboard" and "tire" as long as "wheel" is not in these documents. This can happen because the NOT operation is performed first.
Example 2: skateboard AND wheel NEAR rubber
The operation "wheel NEAR rubber" is performed first to form a set of documents in which the term "rubber" appears close to the term "wheel". Then the AND operation is performed to give a final set of documents in which "wheel" and "rubber" are close together and in which the term "skateboard" also appears.
It is apparent from the examples that the use of more than one operator can lead to some logical confusion. With many operators, the confusion is even greater. This can result in search results which are unexpected and irrelevant or even in the failure of the search altogether.
Fortunately, many (but not all) search engines support the use of parentheses for establishing different orders of precedence. This is the same concept as the use of parentheses in mathematics, thus much of the confusion of operator precedence can be cleared up. The basic rule is that operations between terms within the same parentheses are done first.
Example 3: (skateboard AND wheel) NOT tire
The operation "skateboard AND wheel" is done first since it is parentheses to form a set of documents in which both the terms "skateboard" and "wheel" must appear. Then the NOT operation is done to form a final set in which the term "tire" does not appear but both the terms "skateboard" and "wheel" do appear. Compare this to Example 1 above.
Example 4: ((skateboard OR rollerskate) AND wheel) NOT blade
The OR operation is performed first since it is within the deepest parentheses. The AND operation is done next followed by the NOT operation. As is evident from this example, nested parentheses can be used to establish a more complex search string.
Canadian Trade-mark Literature
This site provides a copy of the Canadian Wares and Services Manual in pdf format. The document is several hundred pages long.
Database size
The database consists of all active marks registered or applied-for under current or former trade-mark legislations. It also contains all marks which were cancelled, expunged, abandoned or refused after 1979 and some, but not all, which were cancelled, expunged, abandoned or refused before 1979.The database also contains geographical indications, marks advertised under Section 9 of the Trade-mark Act (prohibited marks), badges and emblems of the Boy and Girl Scouts and the Royal Canadian Legion, and plant variety denominations registered under the Plant Breeders' Rights Act.
Types of interface
Search panel with input boxes for keywords and pop-down menus for fields, operators, document types and dates.
Searchable fields
The searchable fields are: file number, registration number, current owner, trade-mark, trade-mark description (for older marks), foreign character translation/transliteration, wares, services, wares and services, disclaimer, trade-mark look up (a combination of trade-mark, trade-mark description and foreign character translation/transliteration) and all at once. There are also five categories of documents which can be searched. These are: all (active and inactive), all active, pending, advertised and registered.
Displayable fields
The initial hit list gives the file number and the mark in order of relevance. Displayable fields include all the searchable fields plus status, date filed, date formalized, date advertised, date registered, date inactivated, registrant's name, agent, representative for service, design mark, sample, claims, interested parties, interested party relation, action, footnotes and applicant.
Operators and wildcards
Operators are: AND, OR, BUTNOT
Wildcards: * - any number of characters anywhere in the term
_ - exactly one character anywhere in the term
Other features
There is a Help feature available. The pop-down menu for maximum number of documents sets an absolute limit. If the search retrieves exactly the maximum number of documents then the search should be redone with a higher maximum.
Database size
The database is the same as the one for the CIPO site described above. Patents and Canadian Company Capabilities can be searched simultaneously.
Types of interface
An input box for a single term. A pop down menu for fields.
Searchable fields
The searchable fields are: application number, registration number, owner, trade-mark, trade-mark description (for older marks), foreign character translation, wares, services, wares and services, disclaimer and trade-mark look up (a combination of trade-mark, trade-mark description and foreign character translation).
Displayable fields
Records accessed are the same as the CIPO site described above.
Operators and wildcards
Wildcards: * - any number of characters anywhere in the term_ - exactly one character anywhere in the term
Other features
This site contains information about IP and its use in competitive intelligence.
CDName offers access to the complete database of Canadian trade-marks as well as access to the United States Federal trade-mark database. Access requires registration and the payment of a fee. In addition to the usual search fields, CDName permits searching of the Canadian trade-mark database by index heading and Nice class.
TRADEMARKSCAN is a collection of Thomson & Thomson trade-mark databases which cover a number of countries in North America and Europe. Accessing these databases requires registration and the payment of fees. The following are the countries whose trade-marks can be searched:
| United Kingdom (from 1989) | Canada (from 1865) | United States Federal (from 1884) | United States State (from 1900) |
| European Community | |||
| Spain (from 1995) | France (from 1989) | Benelux (from 1989) | Denmark (from 1992) |
| Switzerland (from 1989) | Austria (from 1989) | Monaco (from 1989) | International Register (WIPO) (from 1989) |
| Germany (from 1989) | Italy (from 1989) | Ireland (from 1989) | Liechtenstein (from 1989) |
The SAEGIS TRADEMARKSCAN databases include the U.S. Federal and State, Canada, or any of 14 European databases, and the International Register and Community Trade Marks. SAEGIS TRADEMARKSCAN provides you with two methods to access these databases - Custom Search and AutoQuery. Custom Search is an interactive search that retrieves precise hits, based on user-defined queries. AutoQuery creates automatically a search report based on the user search criteria.
Dialog gives access to the Thomson & Thomson databases outlined above. Dialog requires registration and the payment of fees to use their database services.
Australian Trade-mark Literature
Database size
In force and pending marks and prohibited marks dating back to 1985. Expunged marks or abandoned applications dating back 7 years.
Types of interface
Boolean search panel with two input boxes for terms and pop-down menus for operators and "wildcard" choices. Input boxes to indicate a range of registration or application numbers.
Searchable fields
Searchable fields include: the trade-mark, trade mark description for image elements, registration numbers (range or single), and associated or single Nice classes
Displayable fields
The initial hit list includes: the trade-mark number, the mark and the Nice class. A maximum of 200 hits will be returned. There will be a warning if 200 is exceeded.The detailed display includes: everything in the hit list plus a hyperlink to the class description (goods and services), the priority/filing date, the status, the kind of mark (if shape, scent, colour or sound), and the image for design elements.
Operators and Wildcards
Operators are: AND, OR, ANDNOT
Wildcards: There are no wildcards as such but there is a pop-down menu which permits the choice among
EXACT WORD - search the term as typed
PREFIX - search terms beginning with the typed characters
IMAGE. - searches the image descriptor (use the Australian Trade-mark Glossary (index headings) for appropriate terms)
Other features
A help facility is available
There is a more complicated interface (emulator based) on the AIPO mainframe which can be accessed.
There is a simple image display engine HERE. A range or list of trade-mark numbers can be searched and the images of the registrations can be viewed in GIF format.
United States Trade-mark Literature
This site provides the United States Goods and Services Manual which can be either searched or browsed.
The search engine consists of a single input box for keywords. The Boolean operators AND and OR can be used.
The results contain five fields:
- a single character G or S to indicate goods or services
- a three digit number indicating trade-mark classification
- a short description of the good or service
- a single character for status: A = added; D = deleted; M = modified
- the effective date of the status
Users must pay a fee and get an account to use this site.
Unites States Federal marks back to 1884 can be searched. The engine consists of input boxes for specific fields. Searchable fields include serial or registration number, the mark, prime class and owner although this is not a complete list. Displayable fields include image of the mark, status, owner, type of good or service and legal information although this is not a complete list either.
CDName offers access to the complete database of Canadian trade-marks as well as access to the United States Federal trade-mark database. Access requires registration and the payment of a fee. In addition to the usual search fields, CDName permits searching of the Canadian trade-mark database by index heading and Nice class.
TRADEMARKSCAN is a collection of Thomson & Thomson trade-mark databases which cover a number of countries in North America and Europe. Accessing these databases requires registration and the payment of fees. The following are the countries whose trade-marks can be searched:
| United Kingdom (from 1989) | Canada (from 1865) | United States Federal (from 1884) | United States State (from 1900) |
| European Community | |||
| Spain (from 1995) | France (from 1989) | Benelux (from 1989) | Denmark (from 1992) |
| Switzerland (from 1989) | Austria (from 1989) | Monaco (from 1989) | International Register (WIPO) (from 1989) |
| Germany (from 1989) | Italy (from 1989) | Ireland (from 1989) | Liechtenstein (from 1989) |
Dialog gives access to the Thomson & Thomson databases outlined above. Dialog requires registration and the payment of fees to use their database services.
Questel gives access to trade-mark databases for a variety of different countries. Accessing these databases requires registration and payment of a fee. The following are countries whose trade-marks can be searched:
| United Kingdom (from 1876) | United States Federal (from 1881) |
| European Community (from 1996) | France (from 1976) |
| Denmark (from 1950) | Switzerland (from 1972) |
| Germany (from 1950) | Italy (from 1969) |
| Ireland (from 1928) | Liechtenstein (from 1973) |
MicroPatent gives access to United States Federal trade-marks dating back to 1884. Registration and payment of a fee is required to use this service.
Atlas gives access to United States Federal trade-marks and trade-mark applications. Registration and fees are required to use this service.
International Trademark Searching Tools
International Classification of Products and Services (NICE)
See the section on Nice Classification for more details. There is no search engine associated with this site. Access to information is provided through hyperlinked text.
International Classification of the Figurative Elements of Marks (VIENNA)
See the section on Vienna Classification for more details. There is no search engine associated with this site. Access to information is provided through hyperlinked text.
