TM TKO has now incorporated visual indicators of citations in knockout search and manual search results. There is a gray circle for any citations “inbound” during prosecution, and there is a red circle for any “outbound” citations against other applications. You can click on either circle to see full details on the cited marks, to hop into their file histories, and more. This data is also available via the magnifying glass.
Visibility into cited records adds considerable depth to the search report. Knowing how frequently the USPTO is citing this application as a bar to other applications helps you more accurately judge the risk that filing might pose to your client’s mark, and secure better outcomes for your client with less research time.
To do the search, we just enter the mark and several goods and services related to podcasting – downloadable podcasts in Class 9, podcasting services generally in Class 38, and music podcasts in Class 41.
We can see at a glance that we have several marks that include varieties of RHINESTONE in relevant classes and for related services, plus a few (the slightly lower line) that include the slightly more common COCAINE, but nothing with both (those would be right at the top of the graph). Double-clicking on any result takes you down to full details, like the following. In the full table, you can tag results for easy export to Word, or export TSDR status and title copies if you’re doing a search to find evidence for use in prosecution.
How about identifying common-law use? Unsurprisingly, both the result sets for the mark alone and the mark plus podcast-related services zoom in on the podcast immediately.
Just for fun, let’s say you were planning on filing an application and wanted to get some ideas on other services that might be related. Let’s use the “Related GS” tool under the “Tools” menu to look for other descriptions that frequently overlap in active, use-based registration that contain “entertainment services, namely, providing podcasts in the field of music” in Class 41. We see a wide range of results, from downloadable podcasts in Class 9 to live music in Class 41 to career information in the music field in Class 35 and music magazines in Class 16. All could certainly be viable expansion avenues for a successful podcast.