MARKASSURE^®
Service

UNDERSTANDING THE SEARCH

 IMPORTANT NOTICE

Computerized research is performed merely to increase the comfort level that the item searched apparently does not infringe upon another's rights, and that the item may be available for a patent or trademark registration.  However, because computerized research is limited to the specific characterization of the terms searched, and because infringement claims are based upon a case-by-case factual analysis, as a matter of firm policy, no attorney or staff member will or can guarantee that use of the item searched will not infringe on another's rights or is capable of patent or trademark protection.  Stated another way, finding similar uses of an item does indicate that use of the item might infringe upon another's rights, but not finding similar uses does not indicate that the item will not infringe upon another's rights. 

Also, variations of the terms searched, although not exactly the same, may have infringement implications.  For example, a search for "micraSoft" might not produce "microSoft," and a search for "cookie" might not produce "kookie," unless a specific variation of the spelling was searched.  Furthermore, even if no similar uses are found, someone with superior mark rights may nevertheless exist, but has not taken any action which would place the item in a researchable location (such as by federally registering the mark).  Such practical considerations prevent the firm from making any representation or warranty that all possible variations of spelling were searched or that all available data bases which might contain a similar use were searched.

If you believe that the search should be revised by using new search phrases or additional data bases, please contact us.  At any time, you may schedule a meeting with your attorney or legal assistant to review all available data bases and their particular descriptions.  If you would like a physical visual search performed by professional mark research companies with which the firm is affiliated in Washington, D.C., please contact us.  Such additional research is available to you for an additional fee (directly to that company) of approximately $250-$500 per search.  Such companies will perform additional manual and computerized research, but, for the reasons mentioned above with regard to our own search, also generally do not guarantee the results to be conclusive.