Generate Trademark Post-Research Opinion Letter

Trademark Post-Research Opinion Letter

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Client's Name*

First Last

Client's Email*

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Entity Name

Proposed Marke.g., whether the mark is in standard characters, a design mark, a product configuration, etc.

Date of Letter*

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Type of Goods/Servicesthe contemplated goods/services per the USPTO, intended geographical use, and any pertinent information regarding the mark’s meaning, such as whether it possesses any meaning in the relevant industry, as a geographic term, or is a surname. For example, if your client’s proposed mark is NE GREEN CLEANERS for dry cleaning services, relevant information might include: (1) the mark is meant to reference the name of your client’s nationwide chain of retail apparel stores, NE STYLE SHOP, and to indicate that its dry cleaning methods are environmentally friendly; and (2) the “NE” portion of the mark represents the first initials of Nina and Edward Jones (client’s founders), not the Northeast United States (even though client established its first NE STYLE SHOP in upstate New York)

Use Form of Mark

in standard characters

as stylized letters

as a design

as a sound or color

Classes of Goods Searched

Class of Goods (for reference)*

Purpose of the Mark as Described by Client*The lines prior say -- We understand that Client intends to use Proposed Mark to indicate the source for the following goods/services: So, please type the actual common terms the client used to describe the vision for the mark's use.

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Summary of AvailabilityThe summary of availability for use and/or registration should state that: (1) the mark is likely available; (2) the mark is potentially available but may face certain identified obstacles; (3) the mark is likely unavailable due to certain identified obstacles; or (4) you are not able to make a conclusion without further investigation, with an explanation of what that would entail. The detailed analysis and reasoning behind the availability conclusion is included later in the trademark opinion.

Summary of Availability

Summary of Availability*

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Federal Registration Findings

Mark

Class + Goods & Services

Status

Owner

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State Registration Findings

Mark

Class + Goods & Services

Status

State

Owner

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Common Law Findings

Mark

Class + Goods & Services

Owner

Location

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Domain Names/ Websites/ Social Media Findings

Domain Name

Website Content

Owner

Risk Level of Mark

Describe basis for risk assessmentThe search analysis should identify the most pertinent references from the full trademark search report, beginning with a discussion of the federal references. Explain why the cited references may or may not pose a significant risk to the client’s use and/or registration of the proposed mark and indicate whether and how the client can overcome such risk (e.g., by making alterations to the proposed mark or the proposed goods/services, or negotiating a co-existence agreement with the owner of a potentially blocking mark). If you conducted additional research into any of the references, the analysis section should also describe that investigation and the results. After giving a brief overview of the most pertinent federal registrations, state registrations, common law uses, and/or domain names, the opinion should conclude with an overall risk assessment of the client’s use and registration of the proposed mark. The conclusion should include an assessment of the potential risk in adopting the mark (i.e., low, moderate, high), with an explanation of the legal reasoning and citations to significant references from the search report. If applicable, you should also identify any additional investigation that needs to be conducted (see the first Optional Clause below). To give a basic example, if your client’s proposed mark is NE GREEN CLEANERS for dry cleaning services, you might conclude that moderate risk exists because a large number of entities use the term “green cleaners,” but that you believe your client could overcome any potential objections from such entities. Specifically, you might note that the term is highly descriptive of environmentally-friendly cleaning products and services and widely used by many entities to describe such products and services and, consequently, the phrase should be given a very narrow scope of protection. You might also recommend that your client use its stylized NE logo in the proposed mark, instead of the letters “NE” in standard characters, to lessen any potential confusion. [In this example, you would also have to counsel your client that if it obtained a registration for the proposed mark, its own scope of protection would be fairly narrow as well.]

Provide Your Recommendations for Adjustments, if Any

Google Link to Comprehensive Search Report*