[E-trademarks] Hot Take on Improvements Needed for Design Descriptions/Codes/Searching

[Jaclyn Ionin]

Thanks for that - will try it out. Hadn't thought of going through there
for US-only searches.

<https://www.ioninlaw.com/>

JACLYN IONIN, ESQ.
Owner, Principal Attorney, Ionin Law
<https://www.facebook.com/ioninlaw> <https://www.instagram.com/ioninlaw/>
<https://www.linkedin.com/company/ioninlaw/> <https://calendly.com/ioninlaw>
  Trademark & Business Law
  646.470.1167
  www.ioninlaw.com
  31 Hudson Yards, FL 11 New York, NY 10001
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[image: App Banner Image]



On Tue, Dec 19, 2023 at 4:08 PM Edward Timberlake <ed at timberlakelaw.com>
wrote:

> If you haven't tried it, the WIPO Global Brand Database provides several
> options for searching by image ("Search By Brand Logo") and includes USPTO
> records (no design search codes required).
>
> https://www.wipo.int/reference/en/branddb/
>
> Sincerely,
>
> Ed Timberlake
> *Board Certified Specialist in Trademark Law
> <https://www.nclawspecialists.gov/for-the-public/find-a-board-certified-specialist/results/detail/?id=29473>*
>
> *Timberlake Law* <http://timberlakelaw.com/>
> Chapel Hill, NC
>
> Schedule a call on Clarity <https://clarity.fm/edtimberlake>
> ed at timberlakelaw.com
> 919.960.1950
>
>
>
>
>
>
>
>
> On Tue, Dec 19, 2023 at 3:44 PM Jaclyn Ionin via E-trademarks <
> e-trademarks at oppedahl-lists.com> wrote:
>
>> I know we have much bigger fish to fry with NEW TESS, but am I the only
>> one who is  frustrated with how archaic, incomplete, and poorly managed the
>> design mark categorization and searching is? The standards for descriptions
>> are so loose and have no consistency, and the  design codes do not come
>> close to covering all the visual elements that could be used. This results
>> in having to search for broad terms that COULD encompass your mark, but
>> also end up producing tons of results that definitely do not apply... OR
>> you simply miss marks that are actually quite similar just because the
>> elements they share are not elements that can be searched for within the
>> confines of the existing system, or COULD be searched for, but aren't
>> REQUIRED to be included in the description, or are included in the
>> description, but without any standardized uniform language across the
>> board. Design searching should not be this inefficient.
>>
>> The USPTO should employ actual designers to evaluate each mark
>> and properly craft consistent descriptions, or at minimum have actual
>> designers develop standardized formula models for descriptions. For example:
>>
>>    - styles of fonts (script, serif, sans serif, bubble, block, and
>>    preferably even more specific like gothic serif, wedge serif, slab serif,
>>    etc.) should be a required inclusion for any stylized mark or design mark
>>    with literal elements;
>>    - if a mark is an ambigram, or has other symmetrical elements, that
>>    should be a required inclusion;
>>    - consistent ways to describe directions of letters or lines
>>    (diagonal from top left to bottom right, etc.)
>>    - consistent ways to describe spacing and sizing comparisons between
>>    elements (using technical terms like kerning or any other consistent term
>>    that would then be searchable)
>>    - consistent and required categorizations of different graphic styles
>>    that would actually help to find marks that have a similar feel to your
>>    clients' mark(s), despite maybe not both having a banana or a cow or the
>>    same word in them (illustration, cartoon, watercolor, dimensional,
>>    geometric, typographic, art deco, pop art, bauhaus, graffiti)
>>
>> Also wouldn't hurt for the USPTO to simply add an image search like
>> Google Images to TESS. If they really wanted to make our lives easier.
>>
>> I come from a (limited) design background, so maybe I'm an outlier in
>> feeling this way, but I know this does not need to be this difficult and
>> inefficient.
>>
>> Just curious whether anyone shares the sentiment or has any insight as to
>> whether this type of improvement has been suggested or explored in the
>> past.
>>
>> <https://www.ioninlaw.com/>
>>
>> JACLYN IONIN, ESQ.
>> Owner, Principal Attorney, Ionin Law
>> <https://www.facebook.com/ioninlaw> <https://www.instagram.com/ioninlaw/>
>> <https://www.linkedin.com/company/ioninlaw/>
>> <https://calendly.com/ioninlaw>
>>   Trademark & Business Law
>>   646.470.1167
>>   www.ioninlaw.com
>>   31 Hudson Yards, FL 11 New York, NY 10001
>> <https://maps.google.com/?q=31%20Hudson%20Yards,%20FL%2011%20New%20York,%20NY%2010001>
>> [image: App Banner Image]
>>
>> --
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>>
>
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