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Locate Common Law Uses of Trademarks?
TOPIC: The application and subsequent registration of a unique trademark on federal, state, or international levels provides maximum protection, but it is important to recognize that "Common Law" or unregistered trademarks are also legally protected.
The TRADEMARKSCAN®--U.S. FEDERAL, U.S. STATE, and international files (TMKS) are the best places to conduct preliminary screening and to ensure ongoing protection of pending and registered trademarks. After a preliminary search, the following strategy will help to ascertain whether a mark is being used in commerce during both preliminary screening and for ongoing protection and maintenance of a trademark.
In this example, you are using the mark “Mocha Marvel “ to begin a search in all of Dialog’s TRADEMARKSCAN® databases: (See How Do I…? Conduct a Broad Worldwide Trademark Search for details on this search.)
First, conduct the search in Brands and their Companies (File 116) to determine if “Mocha Marvel”, or anything similar to it, is listed as a brand name. Next, use Company Name Finder (File 416) to determine if “Mocha Marvel” is being used as a company name. Newsroom® (Files 989-996) allows you to search for occurrences of the phrase “Mocha Marvel” in over 11,000 news sources. Finally, use DIALINDEX® (File 411) in appropriate OneSearch Categories to find occurrences of possible common law uses of the name “Mocha Marvel” in other databases.
COMMAND SUMMARY
BEGIN 116
SS TR=MOCHA? AND TR=MARVEL?
TYPE S3/3/1
SELECT S2 AND IC=30
TYPE S4/3/ALL
BEGIN 416
EXPAND CO=MOCHA MAR
SELECT MOCHA? AND MARVEL?
BEGIN NEWSROOM
SELECT MOCHA?(2N)MARVEL?
TYPE S1/6,K/ALL
BEGIN 411
Enter PRODUCTS, BRANDNMS in ths Set Files box
Enter MOCHA? (2N) MARVEL? in the Select box
Click the Run Search button
Click Hits, the header for column 2
Click Select All and Begin Hits
RD
TYPE S2/6,K/ALL
HOW TO...
1. BEGIN Brands and Their Companies (File 116)
2. Use the rotated trademark index, TR=, for the broadest search.
Note: Rotational Trademark Indexing (TR=) is only available in the TRADEMARKSCAN files and in File 116, Brands and Their Companies.
3. TYPE the record from Set 3 (S3) to see the record with Mocha Marvel.
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4. Refine the search by ANDing search terms with the industry code(s) (IC=) that correspond to International Class Codes used in the TRADEMARKSCAN files.
5. Type the records in Format 3 to view the trade name and product description.
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6. BEGIN File 416, Company Name Finder. This database allows for quick identification of databases that contain information on a particular company.
7. When the exact name is unknown, the CO= index may be EXPANDed to browse company name variations. Most Dialog databases that index a company name in the Additional Indexes are included File 416, Company Name Finder.
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8. Do a free text search to find any companies that contain the words Mocha and Marvel.
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9. BEGIN NEWSROOM to do a free text search of over 11,000 newspapers, magazines and journals.
10. SELECT the term “mocha” within two words of the term "marvel."
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11. TYPE records in Formats 6,k to display titles and the “Key Words in Context” to determine if the phrase is a common usage phrase or a possible common law use of the phrase.
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12. BEGIN File 411, Dialindex®. Dialindex identifies databases containing information on a given subject.
13. Specify the files (OneSearch Categories) to be searched in the Set Files box.
14. Enter the search strategy in the Select box and click Run Search.
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15. Rank results in order by the number of items retrieved from each file by clicking the Hits column 2 header.
16. Check databases you want to search or in this example, click Select All to automatically have all databases checked.
17. Click Begin Hits to execute the search in the chosen databases. |
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The DIALINDEX search is automatically conducted in the checked databases and a set created.
18. Use the Remove Duplicates (RD) command to eliminate duplicate records from your set. |
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19. TYPE records in Format 6,K to retrieve the titles and keywords in context. |
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RELATED HOW DO I...? SOLUTIONS
NEED HELP?
Contact the Dialog Knowledge Center
Within North America 1 800 3 DIALOG (334 2564)
Outside North America 0 800 33 DIALOG (33 34 2564)
Web Form www.dialog.com/contacts/webform
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