[E-trademarks] TM Search VS TSDR: GS Entries

Tue Apr 9 17:18:20 EDT 2024

Kevin: I concur.  The header of the GS section on TSDR states

Note:
The following symbols indicate that the registrant/owner has amended the goods/services:

  *   Brackets [..] indicate deleted goods/services;
  *   Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
  *   Asterisks *..* identify additional (new) wording in the goods/services.

I just find it odd that TM Search has brackets around the entire list of goods/services in several instances that I provided, as though if I want to exclude inactive GS entries from my search results, I should construct a complex search (that I don't expect is possible) to detect the [ as the first character after IC: 016 plus detect the ] as the last character (where I'm looking at 73613536 in this case).  In the old TESS, the word ABANDONED was included in the GS entry if the GS entry was abandoned.  For old TESS, I would have preferred INACTIVE versus searching (ABANDONED CANCELLED EXPIRED) in the search to know that the GS entry is NOT active, but searching either of three words versus one specific word to exclude the GS entry from my search results was just a small inconvenience.  In TM Search, constructing a search that excludes inactive GS entries from search results for a single class looks to be very difficult if not impossible.  And I would want to do that for all 48 international classes to identify live trademarks with no active international classes.

Sorry.  I'm sure I lost everyone.  Consider this task.  Construct a search the retrieves all live trademarks in IC 016 where IC 016 is active (i.e., that would exclude 73613536 because the GS entry for 016 is abandoned).  I'll get you started - you just add the GS: part of the search.

LD:true AND IC:016 NOT GS:(insert your inactive GS search criterion here)

I'd give you my old TESS search for IC 016, except TESS is extinct, a victim of modernization, and my point is that there's information in GS entries on TSDR that is NOT available on TM Search.

And by now, most of the audience has already deleted this message.

Ken Boone

________________________________
From: Kevin Grierson <kgrierson at cm.law>
Sent: Tuesday, April 9, 2024 1:38 PM
To: For trademark practitioners. This is not for laypersons to seek legal advice. <e-trademarks at oppedahl-lists.com>
Cc: Ken Boone <boondogles at hotmail.com>
Subject: RE: TM Search VS TSDR: GS Entries

Ken, I’m not sure, but I think that TSDR reserves the bracketing for goods/services that were deleted from the registration while it was still live.

Consider:  Reg. No. 4430722 (still alive), with multiple deleted items, where the bracketed language appears to be identical:

TM Search:

[ Dresses; ] [ Hats; Headwear; Hooded sweatshirts; Jackets; Pants; ] Shirts; [ Shoes; Shorts; ] [ Skirts; ] [Sleeping garments; Socks; ] [ Sweaters; Sweatpants; Sweatshirts; ] T-shirts; [ Tank tops; ] Tops [ ; Under garments ].

TSDR:

[ Dresses; ] [ Hats; Headwear; Hooded sweatshirts; Jackets; Pants; ] Shirts; [ Shoes; Shorts; ] [ Skirts; ] [Sleeping garments; Socks; ] [ Sweaters; Sweatpants; Sweatshirts; ] T-shirts; [ Tank tops; ] Tops [ ; Under garments ]

Kevin Grierson

CULHANE<http://www.culhanemeadows.com/>|<http://www.culhanemeadows.com/>MEADOWS<http://www.culhanemeadows.com/> <http://www.culhanemeadows.com/> PLLC<http://www.culhanemeadows.com/>

[Mobile:]

  757-726-7799<tel:757-726-7799>

[Fax:]

  866-521-5663

[Email:]

  kgrierson at cm.law<mailto:kgrierson at cm.law>

From: E-trademarks <e-trademarks-bounces at oppedahl-lists.com> On Behalf Of Ken Boone via E-trademarks
Sent: Tuesday, April 9, 2024 2:26 PM
To: E-Trademarks at oppedahl-lists.com
Cc: Ken Boone <boondogles at hotmail.com>
Subject: [E-trademarks] TM Search VS TSDR: GS Entries

EXTERNAL EMAIL

This is merely an FYI, though I hope others will provide feedback to the USPTO that the GS entries on TM Search are incomplete when compared to GS listings on TSDR.

Now that TM Search has that summary listing, I started comparing GS text from TM Search with GS text from TSDR.

While the old TESS did not include all the GS info that's provided by TSDR, the old TESS did include the US Classes and the Abandoned/Cancelled/Expired flags.

More to the point, TM Search should provide all the GS info that TSDR shows.  Well, I expect that will be my comment when I provide my feedback to the USPTO.

I do find it curious that TM Search displays [ ] brackets around the deleted GS entries but TSDR does not.

BTW, the samples below are from my old list of live trademarks without any active classes.  I had a search strategy that identified such trademarks on old TESS.  I'm convinced TM Search lacks the information to duplicate that TESS capability.

____________________

73613536

TM Search

IC 016: [ GREETING CARD CONSISTING OF A PICTURE FRAME AND MOUNTING BOARD ASSEMBLY ADAPTED FOR MAILING ].

TSDR

For:  GREETING CARD CONSISTING OF A PICTURE FRAME AND MOUNTING BOARD ASSEMBLY ADAPTED FOR MAILING

International Class(es):      016 - Primary Class     U.S Class(es):    038

Class Status:     ABANDONED

Basis:      1(a)

First Use:  Jul. 11, 1986     Use in Commerce:  Jul. 11, 1986

____________________

79127469

TM Search

IC 033: [ Alcoholic beverages, except beers ].

TSDR

For:  Alcoholic beverages, except beers

International Class(es):      033 - Primary Class     U.S Class(es):    047, 049

Class Status:     SECTION 70 - CANCELLED

Basis:      66(a)

____________________

73515302

TM Search

IC 009: [ COMPUTERS; COMPUTER PERIPHERALS; PRINTERS; DISK DRIVES; TAPE DRIVES; INPUT/OUTPUT TERMINALS; KEYBOARDS; KEYBOARD TERMINALS; COMPUTER DISKS AND TAPES; VIDEO DISPLAY APPARATUS; AND COMPUTER PROGRAMS FOR THE FORGOING ].

IC 016: [ TEXTBOOKS, WORKBOOKS, OPERATOR'S AND USER'S MANUALS AND GUIDES, ALL RELATING TO COMPUTERS AND DATA PROCESSING APPARATUS ].

IC 035: [ DATA PROCESSING SERVICES IN THE FIELDS OF ENGINEERING, BUSINESS, SCIENCE AND MANUFACTURING; AND ACCOUNTING SERVICES ].

IC 037: [ REPAIR, INSTALLATION AND MAINTENANCE SERVICES FOR DATA PROCESSING EQUIPMENT ].

IC 041: [ TRAINING SERVICES IN OPERATING, MAINTAINING AND PROGRAMMING DATA PROCESSING APPARATUS ].

IC 042: [ RENDERING ENGINEERING SERVICES, TIMESHARING SERVICES, AND DESIGNING SUPERCOMPUTER SYSTEMS FOR OTHERS, NAMELY, DATA PROCESING APPARATUS AND COMPUTER PROGRAMS ].

TSDR

For:  COMPUTERS; COMPUTER PERIPHERALS; PRINTERS; DISK DRIVES; TAPE DRIVES; INPUT/OUTPUT TERMINALS; KEYBOARDS; KEYBOARD TERMINALS; COMPUTER DISKS AND TAPES; VIDEO DISPLAY APPARATUS; AND COMPUTER PROGRAMS FOR THE FORGOING

International Class(es):      009 - Primary Class     U.S Class(es):    026

Class Status:     ABANDONED

Basis:      44(e)

For:  TEXTBOOKS, WORKBOOKS, OPERATOR'S AND USER'S MANUALS AND GUIDES, ALL RELATING TO COMPUTERS AND DATA PROCESSING APPARATUS

International Class(es):      016 - Primary Class     U.S Class(es):    038

Class Status:     ABANDONED

Basis:      44(e)

For:  DATA PROCESSING SERVICES IN THE FIELDS OF ENGINEERING, BUSINESS, SCIENCE AND MANUFACTURING; AND ACCOUNTING SERVICES

International Class(es):      035 - Primary Class     U.S Class(es):    101

Class Status:     ABANDONED

Basis:      44(e)

For:  REPAIR, INSTALLATION AND MAINTENANCE SERVICES FOR DATA PROCESSING EQUIPMENT

International Class(es):      037 - Primary Class     U.S Class(es):    103

Class Status:     ABANDONED

Basis:      44(e)

For:  TRAINING SERVICES IN OPERATING, MAINTAINING AND PROGRAMMING DATA PROCESSING APPARATUS

International Class(es):      041 - Primary Class     U.S Class(es):    107

Class Status:     ABANDONED

Basis:      44(e)

For:  RENDERING ENGINEERING SERVICES, TIMESHARING SERVICES, AND DESIGNING SUPERCOMPUTER SYSTEMS FOR OTHERS, NAMELY, DATA PROCESING APPARATUS AND COMPUTER PROGRAMS

International Class(es):      042 - Primary Class     U.S Class(es):    100

Class Status:     ABANDONED

Basis:      44(e)

____________________

Happy Trademarking,

Ken Boone
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