Clearance — Analysis Drafting Tool

You have reviewed a search report, starred the results you want to talk with your client about, exported a chart to attach to an email — and now you have to actually put fingers to keys and draft the damn thing. Ugh.

Now, you can skip this minor moment of despair! TM TKO has added a new “Analysis” button that will create a smart, contextually-sensitive draft analysis for you.

Let’s say you have run a search for the mark OUTLAW BUGS, to be used with insecticides. You flag a handful of registrations with the appropriate risk levels (red = high; yellow = moderate; green = low), each of which contains the shared term OUTLAW. Then, you hit the “Analysis” button. In a few seconds, TM TKO generates a draft for you, such as the following:

We analyzed a search for the mark OUTLAW BUGS (the “Searched Mark”) for insecticides in class 005 (the “Searched Goods”).

The trademark OUTLAW owned by SERGEANT’S PET CARE PRODUCTS, LLC presents a high risk of confusion with the Searched Mark OUTLAW BUGS. The mark OUTLAW is identical to the Strongest Word in the Searched Mark, which significantly increases the likelihood of confusion. Additionally, the Searched Goods “insecticides” are closely related to the goods “insect repellent for companion animals, namely, horses” associated with the OUTLAW mark. Both products are used for pest control and could be found in similar retail environments, which could lead consumers to believe that the goods come from the same source.

HELENA HOLDING COMPANY’s trademark OUTLAW poses a moderate risk of confusion with the Searched Mark OUTLAW BUGS. The mark OUTLAW is again identical to the Strongest Word in the Searched Mark, which is a significant factor in the analysis of potential confusion. However, the goods associated with this mark, “herbicides for commercial, industrial and agricultural use,” while in the same class, are not as closely related to “insecticides” as insect repellents are. Herbicides target plants rather than insects, which may reduce the likelihood of confusion among consumers, but the similarity in the marks and the overlap in commercial channels where these goods may be sold still contribute to a moderate risk.

The OUTLAW FEED mark owned by DBA Outlaw Nutrition, Outlaw Feed, LLC carries a low risk of confusion with the Searched Mark OUTLAW BUGS. Although the mark contains the word “OUTLAW,” the addition of the word “FEED” differentiates it from the Searched Mark. Furthermore, the goods “animal feed supplements” are not similar to “insecticides,” as they serve entirely different purposes. This difference in the nature of the goods greatly reduces the risk of confusion.

This is a quick and easy way to blast right through writer’s block and have a serviceable draft ready for your fine-tuning. You work more efficiently, and, particularly if you’re working on a fixed fee, more profitably.

How does it work? We use generative AI (under terms of service that protect confidentiality and prohibit any use of the data included for further training by the AI model) together with tightly controlled business logic to give you smart, tailored analysis nearly instantly. Of course, like any work product, you’re ultimately responsible for making sure that the final product reflects your analysis — but this gives you a big step up in doing good, efficient work.

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