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Author Topic: Trademark search question  (Read 684 times)

justinj

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Trademark search question
« on: 05-24-11 at 01:39 pm »

I am trying to run a quick search for trademarked bottle designs. How do you search for these using the USPTO database?

Any advice is greatly appreciated.

Thanks.
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Zonath

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Re: Trademark search question
« Reply #1 on: 05-24-11 at 02:11 pm »

For marks incorporating design elements, the trademark office uses a number of design codes which serve as a shorthand for what types of element that design contains.  So, for example, if you were looking for any mark incorporating a triangular bottle, you could run a search for the design code 19.09.01.

See: http://tess2.uspto.gov/tmdb/dscm/dsc_19.htm#19

Of course, using additional codes to narrow down your search results can be a time-saving device, and save you from needing to sift through thousands of results which might be somewhat similar in that they contain similar design elements, but would still clearly not present a risk of confusion.  It also can take a lot of practice to really know the design codes which will produce the most fruitful results for your search, and you should really have an expert in the field give you an evaluation of whether or not a likelihood of confusion exists in the marks you do turn up in your search, but if this is something you really want to try to do yourself, learning and applying the design codes is pretty much key to finding marks which may be similar to yours.
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justinj

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Re: Trademark search question
« Reply #2 on: 05-25-11 at 10:00 pm »

Thanks for your reply.

I don't think my question was worded right. Actually I need to search for shape marks (e.g. trademarked bottles). I am not looking for word marks that include a specific design, but registered bottles' designs. Thanks
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Zonath

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Re: Trademark search question
« Reply #3 on: 05-26-11 at 01:54 am »

Design codes are used for all marks which incorporate design elements (basically anything other than a pure word mark).  This would include a trademark in the shape of your bottle.  For an example, see trademark serial number 77882601, which is the design for a bottle (with no associated word mark) which has been filed for registration by the Coca-Cola Company, and includes design codes 19.09.03 and 19.09.06. 
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