[E-trademarks] Trademark Design Search Code Manual: 11 Apparent Inconsistencies That Warrant Attention

Fri Dec 22 10:09:48 EST 2023

12 days ago, I noted 11 inconsistencies in the Design Search Code Manual.  By my checks today, all but inconsistency #9 (the 2 consecutive entries for 03.01.13 beginning with Panda bears in the Index barely differ) have been corrected in the DSCM.  More specifically, I can no longer find any trace of the 10 design codes

03.01.16
03.01.17
03.07.02
03.09.25
03.17.04
03.19.12
03.19.16
03.21.25
03.07.04
03.21.04

anywhere in the DSCM, but please double check the DSCM for any occurrences of each of those 10 design codes.

Are we done?  I don't think so, as the new trademark search system still includes occurrences of at least 4 of those design codes that no longer exist in the DSCM, namely

25 results for 03.01.16
3 results for 03.01.17
1 results for 03.09.25 (though the plural term results should be the singular result)
2 results for 03.19.12

Combining those 4 design codes into a single search, there are 31 results for DC:(03.01.16 03.01.17 03.09.25 03.19.12), except since those design codes do not occur in the DSCM, shouldn't the USPTO correct these trademarks by removing these false design codes, substituting any appropriate design code(s) from the DSCM?

---------------------------
Ken Boone

BTW, I encountered multiple search errors with the new trademark search system while performing today's checks, including search errors and the failure to download the search history.  Also, I could not find a date indicating when the Index for the DSCM was last updated.  Additionally, there are multiple consecutive DSCM index entries that are nearly identical, namely

09.05.06    Chef's hat
09.05.06    Chef's Hat

24.13.25    Other crosses, including ankh, maltese
24.13.25    Other crosses, including ankh, Maltese

24.17.03    Dollar symbol ( $ )
24.17.03    Dollar symbol ($)

24.17.04    Cent symbol ( ¢ )
24.17.04    Cent symbol ()

24.17.05    Pound sterling symbol ()

24.17.05    Yen () and Euro (?)

24.17.06    Plus symbol ( + )
24.17.06    Plus symbol (+)

24.17.07    Minus symbol ( - )
24.17.07    Minus symbol (-)

24.17.08    Multiplication symbol ( × )
24.17.08    Multiplication symbol ()

24.17.10    Percentage symbol ( % )
24.17.10    Percentage symbol (%)

24.17.11    Pi symbol
24.17.11    PI symbol

24.17.12    Infinity symbol
24.17.12    Infinity symbols

26.05.13    Two triangles
26.05.13    Two Triangles

________________________________
From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf of Ken Boone via E-trademarks <e-trademarks at oppedahl-lists.com>
Sent: Sunday, December 10, 2023 3:02 PM
To: E-Trademarks at oppedahl-lists.com <e-trademarks at oppedahl-lists.com>
Cc: Ken Boone <boondogles at hotmail.com>
Subject: [E-trademarks] Fw: Trademark Design Search Code Manual: 11 Apparent Inconsistencies That Warrant Attention

FYI - Below are comments that I provided this afternoon regarding the Design Search Code Manual.  Some of the DSCM comments may look familiar, particularly if you followed my discussions of the UNKNOWN[DD] search phenomenon on the recently retired TESS.  Sadly, I don't expect the typical Trademark Search System user would notice if their trademark search was impacted by any of these inconsistencies unless their design code search failed to retrieve any trademarks.

Ken Boone
________________________________
From: Ken Boone <boondogles at hotmail.com>
Sent: Sunday, December 10, 2023 2:48 PM
To: TMFeedback <tmfeedback at uspto.gov>; TMDesignCodeComments at uspto.gov <TMDesignCodeComments at uspto.gov>
Subject: Trademark Design Search Code Manual: 11 Apparent Inconsistencies That Warrant Attention

Below are 11 apparent inconsistencies in the Design Search Code Manual (DSCM) that warrant attention.  IMO, these inconsistencies could adversely impact search results in the Trademark Search System, particularly since some of these inconsistencies have already bled into the Trademark Search System data.

Inconsistency #1: 03.01.16 - Heads of cats, dogs, wolves, foxes, bears, lions, tigers

The DSCM Alphabetical Index (hereafter referred to as simply Index) has this single above entry for 03.01.16, but that design code does not occur in the Category 03.  Isn't that a contradiction - that a design code should NOT occur in the Index unless it is explicitly mentioned in the text for that category with example drawings?

The Index also has the following related Heads of ... entries.

03.01.18    Heads of felines
03.01.18    Heads of felines, including cats of any size
03.01.19    Heads of dogs, wolves, and foxes
03.01.20    Heads of bears
03.01.20    Heads of bears, excluding panda or teddy bears

Each of those design codes does occur Category 03.  So why include the more general design code 03.01.16 that overlaps those more specific design codes?

Finally, consider the hit counts for each of those design codes in the Trademark Search System (searches performed 12/09/2023, so today's counts may differ slightly).

Code
Live Hits
Total Hits
DC:030116
                      25
                      25
DC:030118
                4,352
                5,191
DC:030119
                3,661
                4,276
DC:030120
                1,080
                1,314

Would the DSCM developers intentionally introduce code 03.01.16 if there were only 25 total occurrences in the search database, all recent 98-series applications filed in the last 4 months?  On the Trademark Search System, wouldn't any design code search of 03.01.16 (heads of cats, dogs, wolves, foxes, bears, lions, tigers) also need to include at least one additional code from (03.01.18 03.01.19 03.01.20) to ensure that all the possible relevant heads of animal designs are retrieved?

Inconsistency #2: 03.01.17 - Cats, dogs, wolves, foxes, or bears with forepaws resting on a shield, crest or other object

This design code only occurs in the Index. There is no mention of this design code in Category 03.  Further, the Trademark Search System only includes 3 occurrences of this design code, all recent 98-series applications .  I expect this design code was deleted in a prior update to the DSCM as unnecessary (i.e., that the appropriate shield/crest design code and the appropriate animal design code would be included for relevant trademark records) but was somehow revived in this latest update to the DSCM.

Inconsistency #3: 03.07.02 - Cows with persons milking them

This design code only occurs in the Index.  There is no mention of this design code in Category 03.  Further, there are 0 (zero) occurrences of this design code in the Trademark Search System.  Again, I expect this design code was deleted in a prior update to the DSCM but somehow resurfaced inappropriately in this latest update to the DSCM.

Inconsistency #4: 03.09.25 - Other rodents and small mammals other than cats and dogs; Platypus (semi-aquatic, egg-laying mammal of Australia and Tasmania with webbed feet and a snout resembling a duck's bill)

This design code only occurs in the Index as two different entries, but there is no mention of this design code in Category 03.  Further, there is only a single occurrence of this design code in the Trademark Search System, and that new application has design code 03.09.09 - Kangaroos; Joeys; Wallabies. Doesn't that make this design code entry superfluous?

Inconsistency #5: 03.17.04 - Egg in nests or in wild settings; Nests with eggs

This design code only occurs in the Index. There is no mention of this design code in Category 03.  Further, there are 0 (zero) occurrences of this design code in the Trademark Search System.  Further, the following entries for design code 03.17.05 show these two entries in the Index are unnecessary.

03.17.05    Bird nests
03.17.05    Bird nests, whether or not eggs present
03.17.05    Eggs in nests or in natural settings not shown as food
03.17.05    Nests for birds

Inconsistency #6: 03.19.12 - Clams; Mollusks; Oysters

This design code only occurs in the Index. There is no mention of this design code in Category 03.  Further, there are only 2 occurrences of this design code in the Trademark Search System, both new 98-series applications less than 4 months old.  Further, the following entries for design code 03.19.18 show these two entries in the Index are both unnecessary and redundant.

03.19.18    Bivalve mollusks
03.19.18    Conch shells
03.19.18    Mollusk shellfish
03.19.18    Mussels
03.19.18    Nautilus
03.19.18    Sand dollars
03.19.18    Scallops
03.19.18    Sea shells
03.19.18    Seashells
03.19.18    Shellfish other than crabs, shrimp, and lobsters
03.19.18    Shells and shellfish other than crabs, shrimp, and lobsters, and including clams, nautilus, oysters, sand dollars, scallops, and the like
03.19.18    Shells of clams, mussels, oysters, and scallops

Inconsistency #7: 03.19.16 - Aquariums (with fish); Tropical fish and fish in aquaria

This design code only occurs in the Index. There is no mention of this design code in Category 03.  Further, there are 0 (zero) occurrences of this design code in the Trademark Search System.  Further, the following entries for design code 19.03.01 and the multiple fish design codes in Category 03 show these two entries in the Index are both unnecessary and redundant.

19.03.01    Aquariums
19.03.01    Aquariums, fishbowls and fish tanks

Inconsistency #8: 03.21.25 - Other reptiles

This design code only occurs in the Index. There is no mention of this design code in Category 03.  Further, there are 0 (zero) occurrences of this design code in the Trademark Search System.  Further, the following entries for design code 03.21.06 (particularly the two entries for reptiles not categorized elsewhere) make these two entries in the Index both unnecessary and redundant.

03.21.06    Chameleons
03.21.06    Geckos
03.21.06    Gila monsters
03.21.06    Iguanas
03.21.06    Komodo dragons
03.21.06    Lizards
03.21.06    Lizards, salamanders, chameleons, iguanas, and other reptiles not categorized elsewhere
03.21.06    Newts
03.21.06    Reptiles not categorized elsewhere
03.21.06    Salamanders

Inconsistency #9: 03.01.13 - Panda bears ...

The 2 consecutive entries for 03.01.13 beginning with Panda bears in the Index barely differ.

03.01.13    Panda bears, including heads and other parts uniquely identifiable with pandas, also including stylized, costumed, and those with human attributes, but not including red pandas
03.01.13    Panda bears, including heads and other parts uniquely identifiable with pandas, and also including stylized, costumed, and those with human attributes, but not including red pandas

Wouldn't just one of those two entries be sufficient, that there is no reason to essentially duplicate the same text in two consecutive entries of the Index?  Perhaps a "Stylized panda bears" entry to the Index could be added to emphasize design code 03.01.13 is also appropriate for stylized or costumed panda bears?

Inconsistency #10: 03.07.04  Yak Versus 03.07.05 - Yaks

The Index includes the following entries for codes 03.07.04 and 03.07.05 (where only the latter code appears in Category 03).

03.07.04    Water buffalo
03.07.04    Water buffalo, yaks
03.07.05    Bison
03.07.05    Bovines other than basic cows, bulls, and other cattle
03.07.05    Buffalo
03.07.05    Buffalos, yaks, and other bovines other than basic cows, bulls and other cattle
03.07.04    Yak
03.07.05    Yaks

Design code 03.07.04 only occurs in the Index. There is no mention of this design code in Category 03. The search DC:03.07.04 in the Trademark Search System does NOT retrieve any marks.  Shouldn't the three entries for 03.07.04 be deleted from the Index - that 03.07.04 was included in the Index in error?

Inconsistency #11: Searching SNAIL in the DSCM Yields Phantom Code 03.21.04

The search of the term SNAIL in the DSCM retrieves the following (highlighting mine, copy/paste to email may not be 100% consistent).
____________________
Alphabetical Index

     *   Go to Alphabetical Index - S<https://tmdesigncodes.uspto.gov/alpha#S>
        *   Snails03.19.19<https://tmdesigncodes.uspto.gov/category/03#03-19-19>
        *   Snails03.21.04<https://tmdesigncodes.uspto.gov/category/03#03-21-04>
        *   Stylized octopus, squids, jellyfish, crabs, lobsters, clams, snails, starfish, and other similar shellfish, shells, crustaceans, and mollusks03.19.23<https://tmdesigncodes.uspto.gov/category/03#03-19-23>

Divisions
Division03.19<https://tmdesigncodes.uspto.gov/category/03#03-19>Fish, whales, seals, and the like, and other underwater animals of CATEGORY 03: Animals

     *
03.19.19<https://tmdesigncodes.uspto.gov/category/03#03-19-19>Snails
     *
03.19.23<https://tmdesigncodes.uspto.gov/category/03#03-19-23>Stylized octopus, squids, jellyfish, crabs, lobsters, clams, snails, starfish, and other similar shellfish, shells, crustaceans, and mollusks

Division03.21<https://tmdesigncodes.uspto.gov/category/03#03-21>Amphibians and reptiles, including frogs, snakes, lizards, and turtles of CATEGORY 03: Animals
____________________

I cannot find any reference to design code 03.21.04 in Category 03 nor in the Index or anywhere in the DSCM text.  In Division 03.21, the entries go from 03.21.02 Snakes to 03.21.05 Alligators, and I see no occurrence of the term snails in that division. Viewing the Index, the single entry for just Snails references 03.19.19.  Aren't the two DSCM search results of non-existing design code 03.21.04 for the search term SNAIL both phantom references to Division 03.21 that should be corrected?  03.21.02 Snakes03.21.02 Sn

________________________________
Hope this helps,
Ken Boone

PS: Below is the relevant text from my earlier comments regarding the occurrence of "YAK 03.07.04" in the Index (though I deleted other portions of that email that now appear to be irrelevant).

________________________________
From: Ken Boone <boondogles at hotmail.com>
Sent: Sunday, October 2, 2022 12:07 PM
To: TMDesignCodeComments at USPTO.GOV <TMDesignCodeComments at USPTO.GOV>
Cc: xsearch at uspto.gov <xsearch at uspto.gov>; TMFeedback <tmfeedback at uspto.gov>
Subject: Design Search Code Manual - "Yak 03.07.04" AI Error And Other Likely Problems

In CATEGORY 03: ANIMALS of the Design Search Code Manual, the entry

03.07.05     Buffalos, yaks, and other bovines other than basic cows, bulls and other cattle

indicates yaks should be coded as 03.07.05, but in the Alphabetical Index for the letter Y, there's the contradictory entry

Yak   03.07.04

versus the other relevant Alphabetical Index entry

Other buffalo, bison    03.07.05

plus searching 030705[DC] on TESS provides records with the DC text description

03.07.05 - Bovines other than basic cows, bulls, and other cattle ; Bison ; Buffalo ; Water buffalo ; Yaks

and searching 030704[DC] on TESS returns NO HITS, so clearly the Alphabetical Index entry for Yak should be 03.07.05 and NOT 03.07.04 as currently listed in the Design Search Code Manual.  Following is a brief TESS session summary of relevant searches for this concern.

No.
Search Terms
Documents
Occurrences
S1
030701[dc]
9936
9936
S2
030705[dc]
1513
1513
S3
030704[dc]
0
0

... [Additional irrelevant text that would only add confusion deleted.  12/10/2023 KB]

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