Feature videos · Crowded Field
Feature highlight: Crowded Field evidence
The Crowded Field tab counts the live registrations that already use the word your client's mark shares with a cited registration, and how many different owners hold them.
Chapters
The count, and who holds it
Typing the serial gives the live registrations that use CONQUER in class 41 and the number of different owners: 62 marks from 53 owners. Pending applications, dead marks and the Supplemental Register are left out.
Set what counts
Word position narrows it to marks that start or end with the word; starting from the cited registration uses its classes and leaves the cited mark out; or pick the classes yourself.
Leave out the cited owner, then export
The owner clusters show the cited owner's own marks to set aside. Export gives a spreadsheet with registration numbers, owners and the full goods and services, to pick the registrations for your response.
Transcript
Hi! This is Howard Katzenberg, GleanMark's founder. Your client's mark shares a word with a cited registration. Before arguing that the shared wording deserves limited protection, you need evidence. GleanMark's Crowded Field tab finds relevant registrations, shows who owns them, and gives you a list to work from.
Here's Conquer Fitness, for personal training, refused over CONQUER, owned by Les Mills. I enter the application's serial number. GleanMark identifies CONQUER as the search term and fills in class 41.
62 live registrations contain CONQUER in class 41, from 53 different owners. Pending applications, dead marks, and Supplemental Register registrations are excluded.
Choose where the word appears. Anywhere searches throughout the mark. Starts with focuses on marks that begin with CONQUER, like this application. Ends with narrows it another way. The search matches whole words, including singular and plural forms.
You can also start with the cited registration's number. GleanMark uses its classes and excludes that registration from the results. Adjust the classes yourself to focus the search.
Next, check the owners. Les Mills appears here with several registrations. Those belong to the cited owner, so distinguish them from the third-party registrations you might use in your argument.
Then examine the services. Conquer Motherhood covers fitness training. Conquer Ninja includes obstacle course training and fitness instruction. Conquer the Bridge covers running and walking events. Review the wording and services to identify the examples most relevant to your client.
Export the results to a spreadsheet, including registration numbers, owners, and full goods and services. Select the registrations you want to rely on, then obtain their USPTO records for your response. This gives you a starting point for a weakness argument; marketplace-use evidence is a separate research task.
Build your crowded-field research without assembling the list by hand. Start a free trial or book a short walkthrough at gleanmark.com.
See it on your own office actions
Start a free trial and research your next refusal, or book a short walkthrough.
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