TM TKO Solutions

Solutions

Trademark Clearance

TM TKO's core function is brand clearance. We provide easy-to-read graphical analysis of mark strength and key registration risks with US trademark data and common-law search results, with more coming soon.

Instead of spending half an hour or more constructing search strategies and exporting reports from TESS or similar, TM TKO instantly performs more than one hundred similarity searches (for most marks) to identify similar marks within and across relevant classes. TM TKO then provides you sorted, transparently analyzed data for the 100 most similar marks. You can get right to your review and analysis. Quality results and lightning fast turnaround means happier clients.

Office Action Responses

The first step in analyzing a likelihood of confusion refusal is often research into how similar the applied-for mark and the cited marks are, and how common the shared features are in the marketplace. TM TKO gives you the lay of the land very quickly, providing visual relationships for mark similarity and goods/services similarity that suggest potential lines of arguments. When drafting your response, save time and effort by copying summaries of helpful records into your argument.

Dispute Analysis

When considering sending a demand letter or filing a lawsuit, or defending the same, you will want to analyze the strength of positions that your client and its opponent are likely to take. By providing a thorough snapshot of the competitive landscape of similar marks, TM TKO's instant reports help you make these judgement calls more quickly and with more assurance than ever before.


Watch Service

Unlimited watch services from TM TKO change the economics of watch. If you are paying for as few as ten US watches per year from your existing vendor, you may save with a TM TKO subscription.

Watch for marks that are confusingly similar to your client’s brands. With unlimited watch, you don’t have to charge your clients an extra fee, removing one barrier to convincing a client to watch their marks. Be the first to know about potential confusion risks that could impact your clients, and ensure that you don’t miss out on potentially high-value dispute work. TM TKO’s watches do not just update you about new filings and newly published applications – you will know right away about important status changes that impact enforcement decisions.

Watch particular applications or registrations. Was a third-party application or registration cited as a bar to your client’s pending application? With TM TKO, there is no need to pay an additional fee to keep track of a cited prior pending application or an about-to-lapse registration – let TM TKO watch its status so you can act quickly to keep your client’s application moving forward. You can even keep an eye on your clients’ applications and registrations to ensure that there is no unexpected paperwork filed without your authorization.

Owner watch. Keep an eye on your current clients’ competitors, or track your potential future clients.

Attorney watch. Set up a watch for yourself to keep a global view of status changes for your own filings, or check in on what one of your peers is up to!

ThorCheck

The TTAB recently held that evidence of coexisting third-party registrations for both the applicant's goods and the registrant's goods (e.g. for SILVERADO for trucks and for trailers, owned by different companies) could be sufficient to overcome lesser evidence of overlap between these goods presented by an Examining Attorney. In re Thor Tech, Inc., 113 U.S.P.Q.2d 1546 (T.T.A.B. 2015). It's an appealing argument, but can be a nightmare to implement. How do you even identify relevant registrations? If you figure that out, then how do you convince a client to let a member of your team spend a day manually attempting to identify relevant registrations?

TM TKO solves both problems, instantly providing you a table summarizing relevant registrations. You open up powerful new lines of argument, your client gets faster, better results, and you get to be the hero - while staying on budget.

Related Goods and Services

Need a quick read on how similar two sets of goods or services are? Supplement your gut feeling with use-based registration data to improve your advice to clients or sharpen up your Office Action Responses.