[E-trademarks] TM Search: The New GS3 Search Field Is Available
Sam Castree
sam at castreelaw.com
Tue Apr 23 11:47:14 EDT 2024
Dear Ken,
Thanks for all that. I remember the PTO making a big deal about how we had
to use "AND NOT" instead of just "NOT" with the new system, but it's good
to see that it isn't the case. Except now I wonder why they said
otherwise...
Cheers,
Sam Castree, III
*Sam Castree Law, LLC*
*3421 W. Elm St.*
*McHenry, IL 60050*
*(815) 344-6300*
On Sat, Apr 20, 2024 at 10:33 PM Ken Boone via E-trademarks <
e-trademarks at oppedahl-lists.com> wrote:
> *» 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?*
>
> Nothing has changed, as far as I know, but I'm pretty sure the logical
> operators *NOT* and *AND NOT* are basically equivalent on TM Search, as I
> have been using *NOT* instead of *AND NOT* since TM Search was first
> available for beta testing, plus that's the syntax I used (with or
> without CAPITALIZATION) on TESS (RIP).
>
> I consider the lack of mention of the logical operator *NOT *by itself
> yet another deficiency in the online help.
>
> Below, I performed multiple variations of the searches and then exported
> the search history. (Well, the first search is the raw search from the
> online help, with 308,131 trademarks retrieved, far too many to review for
> inconsistencies.) Here are the searches (queries) with the corresponding
> result counts. For searches 2 through 10, the 3 hits looked consistent
> when viewing the records displayed on the results screen. The last 3
> searches - the *OR NOT* searches - are provided for your curiosity. ;-}
>
> *Id*
> * Query*
> *Result Count*
> 1
> GS3:*025*shirt* AND LD:true
> 308,131
> 2
> GS3:*025*shirt* AND LD:true NOT IC:025
> 3
> 3
> GS3:*025*shirt* AND LD:true NOT IC:025
> 3
> 4
> GS3:*025*shirt* AND LD:true AND NOT IC:025
> 3
> 5
> ( GS3:*025*shirt* ) AND ( LD:true ) AND NOT ( IC:025 )
> 3
> 6
> ( GS3:*025*shirt* ) AND ( LD:true ) AND ( NOT IC:025 )
> 3
> 7
> ( GS3:*025*shirt* AND LD:true ) AND ( NOT IC:025 )
> 3
> 8
> NOT IC:025 AND GS3:*025*shirt* AND LD:true
> 3
> 9
> ( NOT IC:025 AND GS3:*025*shirt* ) AND LD:true
> 3
> 10
> GS3:*025*shirt* AND LD:true OR NOT IC:025
> 3
> 11
> GS3:*025*shirt* AND LD:true OR ( NOT IC:025 )
> 308,131
> 12
> ( GS3:*025*shirt* AND LD:true ) OR ( NOT IC:025 )
> 10,861,226
>
> On old TESS, as I recall, using *AND NOT* instead of *NOT* would generate
> a syntax error, though that may be somewhat difficult to verify now.
>
> Pushing the issue, the search *AND NOT IC:025 AND GS3:*025*shirt* AND
> LD:true* resulted in the error:
> Error: Encountered " <AND> "AND "" at line 1, column 0. Was expecting one
> of: <NOT> ... "+" ... "-" ... <BAREOPER> ... "(" ... "*" ... <QUOTED> ...
> <TERM> ... <PREFIXTERM> ... <WILDTERM> ... <REGEXPTERM> ... "[" ... "{" ...
> <NUMBER> ... <TERM> ...
>
> Beginning a search with *AND NOT* doesn't make sense to me either (though
> beginning a search with NOT may make sense, as demonstrated by searches 8 &
> 9 of my session summary), so my initial statement at the beginning of this
> reply is false - that the logical operators *NOT* and *AND NOT* are NOT
> always equivalent on TM Search, specifically at least when used at the
> beginning of a search as demonstrated in the last search mentioned that
> resulted in a syntax error. So it goes.
>
> Cheers,
> Ken Boone
>
> ------------------------------
> *From:* E-trademarks <e-trademarks-bounces at oppedahl-lists.com> on behalf
> of Sam Castree via E-trademarks <e-trademarks at oppedahl-lists.com>
> *Sent:* Saturday, April 20, 2024 1:08 PM
> *To:* For trademark practitioners. This is not for laypersons to seek
> legal advice. <e-trademarks at oppedahl-lists.com>
> *Cc:* Sam Castree <sam at castreelaw.com>
> *Subject:* Re: [E-trademarks] TM Search: The New GS3 Search Field Is
> Available
>
> 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
> --
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>
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