Crossing the Frontier with AI Trademark Search: Where Algorithms Intersect with Human Expertise

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In a recent webinar, hosted by World Trademark Review, Questel's Pascaline Bourreau and Brandstock’s An-Sofie Vandelanotte shared practical insights on creating tailored and effective trademark searches by combining the latest AI trademark search technologies with human expertise. Here, we summarize some of the key points discussed.

In Tailored Trademark Searches: Where Algorithms Meet Expertise, Questel Subject Matter Expert Pascaline Bourreau and An-Sofie Vandelanotte, Deputy Team Leader Searches at Brandstock, guided attendees through the evolving trademark landscape to illustrate how supporting human expertise with AI algorithms can help trademark practitioners navigate the complexities of trademark searching more effectively.

The trigger for their presentation was one key question: Is there a battle on the horizon between analysts and algorithms for trademark search supremacy—and, if so, who will win?

From Analyst vs. Algorithm to Analyst and Algorithm

Discussions around emerging technologies, such as AI, tend to focus on the likelihood of those technologies replacing human expertise, and the same applies to the trademark search sector. On the one side are those who only trust human analysts to conduct searches; on the other, those who believe those human searchers are becoming obsolete in the face of emerging technologies. But what if you combined the knowledge and expertise of a human search analyst with a cutting-edge AI trademark search tool? Wouldn’t that provide the best of both worlds?

An experienced trademark analyst knows how to craft tailored Boolean searches and filter out irrelevant results while paying specific attention to the nuances of individual brand owner needs. An algorithm reduces the risk of human error when setting search criteria, runs searches without breaks, and promptly delivers an unfiltered and comprehensive set of results. By combining both, you can harness the reliability of AI with the creativity of a human specialist.

Navigating the Trademark Frontier with AI Trademark Search

As anyone who runs trademark searches will attest, there is no such thing as just a simple “trademark search.” Brand owners need to run a wide variety of searches to protect and enforce their rights, from knock-out searches and similarity screenings to full clearance searches with legal opinion. Even within the parameters of those search types, the investment and results can vary depending on:

The Researcher: Who is running the trademark search—and how much experience do they have?
The Trademark: Is it distinctive, fanciful, diluted...?
The Client: How large is the trademark portfolio and what resources do they dedicate to trademark searching?
The Purpose of the Mark: Is it for a new product, a brand extension, or a short-term campaign, such as clearance to use a slogan?
The Territory: Is it in one specific territory or region, worldwide, or somewhere more exotic?

Today’s AI algorithms can handle such variations so trademark searchers can run smarter knock-out and screening searches with ease. For example, our Markify Clearance & Watch Platform employs our high-level similarity algorithm to enable searchers to quickly identify all (99+%) identical and confusingly similar trademarks. Using the platform, clients can quickly knock out identical matches, run advanced screenings, and customize more in-depth similarity searches, using AI to provide a comprehensive overview of the risks for each potential mark before diving into deeper analysis.

From Identical Matches to Custom-Made and Advanced Similarity Searches

With Markify Clearance & Watch Platform, you can create or order five types of trademark search using our high-level similarity algorithm and comprehensive databases for trademarks, designs, domain names, business names, social apps, and pharma-in-use. This enables you to choose the right approach for each project and mark and enables you to find the right balance between analyst time vs. algorithm automation for your organization:

— Run a quick knock-out search with Markify ProSearch™ (Identical Plus, nearly identical search):

Identical results
Plurals
Normalized special characters
Term(s) included
Multiple word search returns all listed words regardless of their sequence in the result

Screenshot of AI trademark search in Markify using Identical Plus — *Identical Plus: Example of results for BETWEEN COFFEE ©Questel 2024*

— Create Your Own Custom Search on Markify ProSearch™
Design your own search by playing with fast & easy operator queries

Strictly exact matches
Search with operators (AND/OR/NOT)
Wildcard search
Boolean search

Screenshot of AI trademark search in Markify using Custom Strategy

— Run fully automated AI-based Advanced Similarity Word and Image Searches on Markify ProSearch™

Predictive AI: trained on opposition cases and 2d citations (more than 1.5 million conflicting pairs analyzed).
All of the classical search strategies applied: Identical/phonetic similarity/orthographic similarity and misspellings/prefix, infix and suffix variations/vowel and consonant similarity/plurals and stemming/abbreviations and acronyms.
Work with all languages and alphabets for word marks.
Continuously enhanced image search capabilities and improved trademark recognition.
Trained on extensive datasets for high-precision search results.
Privacy-focused: user data is not retained or used to train generative AI models.

Screenshot of AI trademark search in Markify using Advanced Similarity — *Advanced Similarity: Example of results for NESCAFE ©Questel 2024*

— Automate searches with Markify Comprehensive Search
Gain rapid and cost-effective access to the data, automation, and analysis you need to make informed decisions about your trademark filings.

Fully automated/Algorithm-driven reports
Four risk levels
Pay as you go

Screenshot showing how to order an AI trademark search in Markify Comprehensive

— Order Analyst-driven comprehensive searches

Order analyst-driven comprehensive searches through the platform to combine our AI algorithm and analyst expertise to save you time and effort. Our reports consolidate all search results to remove potential noise and maximize the efficiency of your trademark search projects.

To find out more about our Markify Clearance & Watch Platform and analyst-driven search services, contact our team for a demo today.

Full Clearance Searches: How to Balance Trust and Control in AI

A full clearance search aims to ensure that your trademark, brand name, or domain doesn’t conflict with existing registrations. It involves a comprehensive search across multiple databases, including trademarks, pharmaceutical trademarks, domain names, and more.

While such searches require the input of a human analyst, conducting these searches manually can be time-consuming, especially when dealing with large datasets. How do you find the right balance?

+ The Power of AI: AI-driven algorithms can analyze vast amounts of data quickly and efficiently. By detecting potential conflicts and similar names, AI can uncover risks that may not be immediately obvious.

- Accuracy and Reliability: While AI has made significant advancements, it’s important to recognize that the technology is constantly evolving. Algorithms improve over time, but human oversight ensures that the search results align with specific legal and market contexts, which might not always be captured by AI alone.

+ Why Human Input Matters: Even with the most sophisticated AI, human judgment plays a key role in interpreting search results. Experts can assess the legal nuances, market relevance, and regional specificities that AI may not fully capture.

- Customization and Flexibility: But human experts need technical support to run their searches effectively. Alongside the AI algorithm, the ability to manually adjust search parameters is important for professionals to tailor their searches to unique cases, ensuring that the results are more aligned with their specific needs.

Advanced Algorithms vs. Customizable Searches: Why Choose One?

Advanced Algorithms: AI-powered algorithms can automatically scan and compare large datasets, identifying potential conflicts and issues at scale. This allows for fast, large-volume searches, ideal for those needing a high-level overview.
Customizable Searches: On the other hand, customizable searches allow users to fine-tune their parameters to focus on specific criteria, regions, or databases. This approach ensures flexibility and precision, particularly for complex or nuanced cases.
No Need to Choose: The real value lies in combining both methods. AI can provide a broad, quick analysis, while customizable searches give professionals the flexibility to drill down into specific areas. Together, they offer a comprehensive solution that meets a wide range of needs.

Ultimately, finding the right balance between AI and human expertise will vary depending on your organization, brand portfolio, and trademark search volume. Whatever choice you make, however, having the right resources and time is key. AI can help and be perfectly sufficient in some cases and for some marks, while analyst experience may be crucial for others. In many cases, search tools combining AI and human intelligence may bring you the best of both worlds.

To find out more about our AI trademark search capabilities, watch our on-demand webinar on Tailored Trademark Searches: Where Algorithms Meet Expertise, hosted by World Trademark Review, or contact our subject matter experts to request a demo of our Markify Clearance & Watch Platform.