TM TKO provides easy-to-read, graphical analysis of mark strength and key registration risks with US trademark data and common-law search results. TM TKO instantly performs dozens of similarity searches to identify similar marks within and across relevant classes and 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. Automatically-updating firm and competitor portfolios highlight representational conflicts and key competitive risks.
TM TKO is the only source for sophisticated Office Action and Office Action Response research.
Identify direct factual comparables. Want to find other situations where applicants have overcome 2(d) refusals for two-word marks that differ only by the term NEW? With TM TKO, it takes only a few moments to pin down complex facts patterns and reasoned prosecution decisions like this one that are simply not available any other way.
Learn about new issues. Get a refusal raising an uncommon issue or one that you are not familiar with, like a controlled Substances Act inquiry or a Plant Varietal refusal? See what kinds of responses, arguments, and evidence other applicants for your client’s services used to address and overcome these refusals.
Examiner research. See how others are overcoming similar substantive refusals issued by your Examining Attorney, and build a practical response strategy tailored to your most important audience.
Research case law. You've read a TTAB decision, but you’re not sure how to make the most use of it. With TM TKO, it’s easy to see how other lawyers are making use of a case. You can do your best job putting the law into service for your client.
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.
Portfolios. Watch all your clients' marks at no extra cost. Features automatic watch setup and lifecycle management covering word element similarity, office actions, 2(d) citations, and more.
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 current clients' competitors, or track 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!
2(d) Citation Watch. Be informed as soon as soon as the USPTO issues a likelihood of confusion refusal citing one of your clients' marks. This is a key point, where a timely demand letter following up on a refusal from the Office can help avoid an opposition or keep the applicant for a confusingly similar mark from ever entering into the marketplace.
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.
Inversely, you can also use ThorCheck to quickly pull evidence that two types of goods or services are related.
For mark comparisons, ThorCheck can be used to find examples of mark co-existence or find similar or identical marks that differ only by the searched term, saving hours of manual research and letting you support your arguments with better evidence.
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.
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.
TM TKO can assist you in growing your practice, with sophisticated, issue-driven watching to identify the clients you can best connect to and help. Contact us for more information.
Do you need assistance on a particular complex project? Find yourself doing a certain type of research repeatedly, and wish you had a tool to help? TM TKO can do custom research projects and tool development.