Patent Attorney and Founder
You want to protect your business name and other intellectual property with a trademark – that’s the perfect place to start.
IP and brand recognition are two of the most important assets that your business has. That means that filing for trademarks where needed is essential! Before you file, you need to do a bit of research. You’ll want to identify any existing brand names or logos that are already trademarked in your industry or space. This begins with a trademark search!
Traditional methods of trademark searching involve lengthy manual research and legal expertise. However, with the introduction of new tools like ChatGPT and other AI writing programs, there is now a possibility for much quicker and efficient trademark searching. So, how can you leverage these tools to make your trademark search fast, accurate, low-cost, and relevant?
Disclaimer: This is not legal advice, and I am not recommending that someone use an AI model as a complete and reliable trademark search.
Trademark Searching: What you need to know
Let’s first understand the key components of a trademark search. A comprehensive trademark search typically involves the following steps:
- Identify the goods or services associated with the proposed trademark. Also, note what industry or class(es) you’re filing in. This is also called defining the scope of your search.
- Conduct a preliminary search of relevant trademark databases to assess potential conflicts. If you’re filing with the USPTO, their database is the best first place to start.
- Analyze what you find to determine if any conflicting marks exist.
- Consult with a legal professional to further evaluate potential risks and viability.
Benefits to using an AI tool for your search
The bulk of performing a trademark search involves sifting through large databases of prior trademarks. For a legal professional, this might seem totally normal. But for a startup, inventor, or an individual, this is a mighty task. This is where AI tools like ChatGPT can come in handy. There are 3 major benefits to using these programs to help your search:
- AI writing tools are experts at natural language processing (NLP).
Natural Language Processing (NLP) AI writing tools employ algorithms to understand complex prompts and return accurate responses. In other words, you can tailor your responses to be as specific as you need them to be. For example, you can ask ChatGPT to perform a trademark search of your business name AND restrict it to your filing class or industry. There’s no question that this alone is a major time saver.
- AI tools like ChatGPT have access to multiple databases, and they can navigate them instantly.
If you’ve never filed a trademark before, or if this is your first time tackling the challenge on your own, then navigating the various databases can be tricky. You’ll also likely have to check more than one database to find everything that you’re looking for. AI tools can tap into multiple databases and registers with one prompt. They also return results almost instantly. This saves you the hassle of having to learn the databases yourself, and it also saves you time by allowing you to quickly perform multiple searches and refine your results.
- Some AI tools (not all) are equipped with real-time updates.
It can be easy to forget to perform an up-to-date trademark search. There could have been more marks filed between the time of your initial search and when you decide to file your own application. Identifying the most recently filed trademarks is simple when your AI writing tools are able to pull the latest information. Not all AI tools have real-time connectivity, so be sure to check this out on whatever site you’re using.
Example Prompts for Your Trademark Search
Here are a few examples of prompts that you could enter into an AI writing tool to begin your trademark search. Use your own proposed brand name and filing class for your search.
“Conduct a preliminary trademark search for the brand name ‘TechInspire’ in the technology sector (Class 9) across all major international trademark databases. Provide information on registered trademarks, pending applications, and all potential conflicts.”
“Perform a comprehensive trademark search for the name ‘Garden2Go’ in the field of agriculture and gardening (Class 31). Include all registered trademarks and pending applications in the search.”
“Do a trademark search for the term ‘SimpleHealth’ in class 44. Note all registered and pending trademarks in the results.”
ChatGPT vs. Google Bard
Not all AI writing models are created equal! Google Bard is newer, but it has real-time access to the internet. ChatGPT is a fairly reliable model trained on information through 2021.
We tested each site with the phrase
“do a preliminary trademark search for the brand name “TechInspire” in the technology sector.”
ChatGPT:
Google Bard:
Experiment with each when performing a trademark search, and remember, this doesn’t guarantee a perfectly complete search.
Review your results with a legal professional.
AI writing tools offer significant advantages and can save you many hours in conducting preliminary trademark searches. However, AI can not and should not replace the expertise of legal professionals. Use sites like ChatGPT for the foundation of your own trademark search process, and then consult your trademark attorney on the results and accuracy. Your attorney will also be able to provide you with a viability analysis of your mark and legal guidance on the next steps.
Our trademark attorneys at Bold Patents are the best at what they do. We can perform your search, review your personal search, and even help you prepare and submit your trademark application. To learn more about our Bold approach, schedule a free Discovery Call below. We help small business owners and entrepreneurs secure trademark protection every day. Go Big, Go Bold!