We have just released two improvements to ThorCheck™ that we’re very excited about.

Similarity searching. You can now use ThorCheck to find evidence that goods or services are related, by finding instances where the same mark is used for both sets of goods or services with the same owner. ThorCheck identifies relevant evidence whether it was in a single registration or in multiple registrations. Since many companies split coverage for a mark in multiple classes into multiple registrations, ThorCheck can save hours of work.

To do a similarity search, just select the option below:

Filing basis options. You also now have an option to either limit your results to Section 1(a) use-based registrations only or to also include non-use-based registrations under Sections 44(e) and 66(a). The former remains the default, as there is TTAB precedent that this evidence is more persuasive, but Section 44(e) and 66(a) registrations paired with evidence of actual use in US commerce can still be useful.

Example search – pizza and sausage. Of course pizza and sausage are related goods, you say, whilst munching on a supreme pizza. If you want to document their relationship more formally in an opposition proceeding, and an Instagram post of your preferred pizza toppings won’t quite be enough, a quick ThorCheck similarity report identifies highly persuasive, registry-based evidence that the goods are related. A screenshot showing the first couple of results is below.

We hope you enjoy the new options!