[E-trademarks] TM Search: The New GS3 Search Field Is Available

[Ken Boone]

TM Search has a new release and the GS3 search field is now officially available.

Apr 19, 2024 Release

This release has the following changes:

  *   Added or revised the following search fields in the Advanced tab: CU, GS3, LR, OD, OT, and PE.

>From the Advanced tab of the online help (highlighting mine):
GS3
Expanded goods and services

  *   Contains the text of the goods and services description as well as the international class number and U.S. class number, but you must account for spaces and punctuation in your search
  *   Returns results that include plurals, punctuation, and spaces
  *   You must use wildcards at the beginning and end of your search string or the system will not return any results
     *   * retrieves zero or more instances of any character, including a space
     *   ? returns exactly one instance of any character, including a space
  *   For example:
     *   GS3:*shirt* retrieves SHIRT, SHIRTS, T-SHIRTS, SWEATSHIRTS, and more
     *   GS3:*t?shirt* retrieves T-SHIRT, T SHIRT and more, but does not retrieve TSHIRT
     *   GS3:*t*shirt* retrieves T-SHIRTS, T SHIRT, TSHIRT, TEE SHIRTS, SWEAT SHIRT, and more
  *   To search for multiple terms at the same time, connect them with a wildcard
  *   For example, GS3:*shirt*shoe* retrieves cases that include a variation of both SHIRT and SHOE
  *   To limit your search term to a specific class, include the class number at the beginning of the string
  *   For example:
     *   GS3:*025*shirt* retrieves SHIRTS, but only if it’s listed in International Class 25
     *   GS3:*025*shirt*shoe* retrieves SHIRTS and SHOES, but only if they’re both listed in that order in International Class 25
  *   Can also be used with regular expression search strategies and statements
  *   Does not include synonyms or other potentially related goods and services that could trigger a likelihood of confusion refusal<https://www.uspto.gov/trademarks/search/likelihood-confusion>
  *   If you don’t want to narrowly limit your search, try the CC and IC options instead

So I tried the highlighted search (GS3:*025*shirt* retrieves SHIRTS, but only if it’s listed in International Class 25) with a slight variation, namely

GS3:*025*shirt* AND LD:true NOT IC:025

That search retrieved 3 trademarks. The first hit (98140185) has only one international class, namely 034, but that GS entry does include the term shirts.  For your convenience, I did a copy/paste from TSDR (highlighting mine).

For:
IC034 Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges; Pods in the nature of cartridges containing e-liquids comprised of propylene glycol, vegetable glycerin, nicotine, and natural and artificial flavorings, other than essential oils for electronic cigarettes; Legally produced hemp derivatives, derived solely from hemp with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis, namely, resins and oils other than essential oils, hashes, waxes, hemp flower for smoking or vaping; Cigar wraps; Blunt wraps; Electronic cigarette liquid (e-liquid) comprised of propylene glycol; Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin; Electronic cigarette boxes; Electronic cigarette cases; Electronic cigarette lanyards; Electronic cigarette lighters; Electronic cigarette refill cartridges sold empty; Electronic cigarettes; Electronic cigarettes for use as an alternative to traditional cigarettes; Boxes for electronic cigarettes and electronic cigarette accessories; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; Cartridges sold filled with propylene glycol for electronic cigarettes; Cartridges sold filled with vegetable glycerin for electronic cigarettes; Cases for electronic cigarettes and electronic cigarette accessories; Chemical flavorings in liquid form used to refill electronic cigarette cartridges; Flavorings, other than essential oils, for use in electronic cigarettes; Mechanical electronic cigarettes; all of the foregoing cannabis-related goods containing cannabis ingredients solely derived from hemp with a delta-9 THC concentration of not more than 0.3 percent on a dry weight basis with the resulting goods containing a delta-9 tetrahydrocannabinol (THC) concentration of not more than 0.3 percent on a dry weight basis. IC 025 Clothing, namely, t-shirts, shorts, hoodies, sweaters, jackets, jumpsuits, sweatpants; Headwear, namely, hats, bandannas; Outerwear, namely, coats, raincoats, windbreakers; Footwear, namely, flip flops, shoes, boots, sandals; Accessories, namely, belts, scarves, gloves, socks
International Class(es):
034 - Primary Class
U.S Class(es):
002, 008, 009, 017
Class Status:
ACTIVE
Basis:
1(a)
First Use:
Jan. 01, 2021
Use in Commerce:
Jan. 01, 2021

The other two hits also have only one international class that is NOT class 025 and the relevant search term (shirt) occurs in that class.  That is, all three hits for my search using the example text from the online help retrieves the search term in an international class other that the class specified in the search.

Seems to me the example GS3 search does not perform as advertised and needs further work.

I'd recommend rebuilding that GS3 search field with ALL the labels included in the TSDR listing. including the
Class Status:
ACTIVE
so that searching for ACTIVE (or ABANDONED or CANCELLED or EXPIRED) GS entries might be possible.

Happy TM Searching,
Ken Boone
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