On Demand

How to Structure a Trademark Clearance Opinion Letter and Assess Risk


Created on October 22, 2018





Before any business adopts a trademark, the first step in the trademark process is trademark searching and clearance. In-house counsel and business owners rely on the trademark clearance search and most importantly, trademark clearance opinion to let them know whether the proposed mark will encounter problems with third parties or be costly to prosecute before the USPTO. It is critical that outside trademark counsel learns how to efficiently and effectively utilize full trademark search and make it an important part of its arsenal. After all, a company's trademark is an extremely valuable asset, and investing in the wrong mark can be costly or worse, lead to rebranding, which is a death sentence for any business owner.  It is imperative that trademark counsel learn to effectively identify these risks to become an effective and trusted trademark counsel. Many attorneys are intimidated by a full trademark search; however, with proper training, the process can be easily conquered.

This program, taught by Stacey C. Kalamaras, Founding Partner of Kalamaras Law Office, LLC will take junior attorneys and anyone needing a refresher course through an actual full availability search. Further, attorneys will get an insider's view into Ms. Kalamaras' methodology and approach as she reviews an actual full search report, ending with the trademark clearance opinion letter she would have sent this fictitious client based on the actual search results used for the presentation.

Learning Objectives:

  1. Comprehend the structure and different sections of a full availability search report from one of the large vendors like CompuMark
  2. Assess risk when reviewing a full search report in preparing a written clearance opinion
  3. Identify clearance challenges both from a registrability and common law use perspective and how to overcome and/or minimize the risk to the client
  4. Examine the structure of a written trademark opinion letter and using the vendor's online tools to make the process easier
  5. Protect client confidentiality when asserting the advice of counsel defense

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