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MarkSearch is a new trademark engine available through MicroPatent, a publisher of patent and trademark information on CD and through the Web. MicroPatent provides access to all trademarks and service marks contained on the Principal Register and the Supplemental Register since 1884. Also included are all pending trademark registration applications and the past 15 years' inactive registration records. This trademark database is not only comprehensive, but also is current to one day of transactions being received by the Assistant Commissioner for Trademarks.

I found the MarkSearch search engine to be as impressive as the database's breadth of coverage. The search screen is designed to let you easily specify search criteria. The most common criteria -- namely mark, international class, goods and services, owner, serial number and registration number -- are situated in tabular form. Using one or more of these entry fields, you can define a search using the intuitive MicroPatent search syntax.

Cognizant of the importance of a search strategy being correctly defined, MicroPatent has built a thorough Help facility. As an experienced searcher, I found the Help to be an invaluable asset and, indeed, it taught me a thing or two. Recommended strategies and techniques are presented from the vantage point of a seasoned, experienced trademark searcher. However, this doesn't mean that a novice will have difficulty synching-in to this modus operandi; instead, a novice should readily comprehend the clear instructions and suggestions and will benefit from the voice of experience.

For example, when searching for goods and services, the Help advises you to restrict your search using the international class instead of restricting by descriptive words when attempting to identify particular goods and services. If class-restrictions produce too many hits, then descriptive words may be used using the "*" truncation symbol at the end of the search words to obtain plurals and variant forms of words. You are also advised to use synonyms to assure that all relevant marks are found. Darn helpful advice, especially to keep your clients satisfied and to sustain your confidence as a trademark searcher.

MarkSearch provides additional fields in three so-called "Choose A Field" windows for entering other forms of search criteria. In these fields, you can choose from a pull-down list including such criteria as Mark Appearance, Status, Register, U.S. Class, Disclaimer, Section 2F Limit, Description of Mark, Design Codes, Country of Filing, Priority Claimed and Affidavits. You may retrieve any pertinent date-related information by invoking the appropriate term in the pull-down list. Some of the dates include Date of First Use, Date Filed, Date of Publication, Date of Allowance, etc.; you are advised to check the Help facility's "Searching Dates" to assure that dates are properly input. There is also a series of terms related to proceedings that let you track opposition and cancellation proceedings as well as appeals.

MarkSearch also offers a novel search engine, Mark Appearance, which focuses on the nature of the mark. Represented by a digit from one to six, the Mark Appearance options seeks out either letters, words, and/or numerals typed in one of the following scenarios: no particular form; design only; combination of typed letters, words, and/or numerals and a design; letters, words, and/or numerals in block letter form; letters, words, and/or numerals in stylized letter form; and no words or drawing applicable. (If you invoke a Mark Appearance in the last category, MarkSearch retrieves trademarks that consist of a sound, a fragrance or perhaps a color.)

Another useful search option is available via the Status option. By selecting Status in the Choose A Field window, you can immediately ascertain the status of a particular pending application or a registration. While any trademark search engine obviously provides status information, MicroPatent has reorganized the official status used by the assistant commissioner for trademarks into nine logical categories. In addition, this status field is pin-pointed for prepublished marks, abandoned applications, opposed applications and cancelled registrations. When retrieving a MarkSearch record, you obtain a concise but accurate snapshot of the status of the application or registration.

To enable you to conveniently prepare search reports, you can easily copy-and-paste text into your word processor. You can even include design elements into your reports by right-clicking with the pointer located on the image and invoking copy-and-paste. Trademark "watches" may also be created for performing competitive intelligence and the like.

While MarkSearch's primary functions -- namely, specifying search criteria, walking through search results, and generating search reports -- are superb, its mundane function of navigating from page to page could be more straightforward. That is, once you arrive on the MarkSearch page and enter your user ID and password, rather than being ready to roll, you still must jump once or twice depending upon how you interpret the on-screen text. This is a minor inconvenience, and should be easily fixable, allowing you to automatically enter the MarkSearch subscription area without having to scroll or click any links. It would also be nice if you could save your user ID so that you only have to enter your password.

$3,650 per year (shorter contracts available)

Reviewed by Al Harrison, intellectual property attorney, Harrison & Egbert, Houston, Texas

Feb/Mar '99 Issue

PROS
Search facilities are superb and complete. Minimal training needed to start using effectively.

CONS
Navigation could be somewhat shorter. Would like to be able to save user ID.

VERDICT
Highly recommended.

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Updated 09/19/01
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