[E-trademarks] TM Search: The New GS3 Search Field Is Available
Sam Castree
sam at castreelaw.com
Sat Apr 20 14:08:59 EDT 2024
Wait, for the search :GS3:*025*shirt* AND LD:true NOT IC:025," shouldn't it
be "*AND* NOT IC:025"? Or did the "AND NOT" thing get changed?
Cheers,
Sam Castree, III
*Sam Castree Law, LLC*
*3421 W. Elm St.*
*McHenry, IL 60050*
*(815) 344-6300*
On Sat, Apr 20, 2024 at 11:13 AM Ken Boone via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:
> 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
> --
> E-trademarks mailing list
> E-trademarks at oppedahl-lists.com
> http://oppedahl-lists.com/mailman/listinfo/e-trademarks_oppedahl-lists.com
>
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