Thread by @TimberlakeLaw

#Trademarks Searching Isn't Always Hard:

For instance, before applying to register a mark containing the phonetic equivalent of

BARBIE

one might simply look to see how other non-Mattel BARBIE applications for registration have fared:

tsdr.uspto.gov/#caseNumber=90…

We could simply start by entering:

barbie[mi]

in the TESS Free Form search field.

[mi] stands for "mark index":

tmsearch.uspto.gov/webaka/html/he…

Since know Mattel owns lots of BARBIE registration, we can exclude these simply by adding:

not mattel[on]

to our search.

[on] stands for "owner name":

tmsearch.uspto.gov/webaka/html/he…

Even with such a simple search (only two terms!), we can see by scanning the second column that out of 89 records only four contain registration numbers:

I'm no mathematician but 4 out of 89 doesn't sound like great odds, (almost) regardless of what the goods or services in a particular case might be

A quick look at the four BARBIE marks with registration numbers reveals that three relate in various ways to barbecue (and in any event are now dead).

(If we only want to look at marks that at some point have been registered we can use:

`rn > "0"

tmsearch.uspto.gov/webaka/html/he…)

...which leaves us with exactly one live BARBIE registration not owned by Mattel, where it just so happens the name "Barbie Kennedy" identifies a living individual whose consent is of record:

tsdr.uspto.gov/#caseNumber=86…

Since for assessing likelihood of confusion

BARBI

and

BARBIE

are phonetically equivalent, and we see BARBIE basically never gets registered except by Mattel, we can hardly apply to register BARBI marks expecting the odds to be ever in our favor

tmep.uspto.gov/RDMS/TMEP/curr…