Trademark Opinion Letter


To: , Filing for Trademark as  

From: Attorney Taren Marsaw

RE: Trademark Search for

Date: September 24, 2021

Dear :

You asked us to assess the availability to use and register in the United States the mark in connection with . This letter identifies significant references from the search results and provides our analysis and recommendations.

As instructed, the geographic scope of our search and analysis was limited to the United States, and does not include any foreign countries. Our views set forth herein are limited solely to the laws of the United States relating to use and registration of trademarks. We express no opinion on any other laws or the laws of any other jurisdictions.

  1. We understand that intends to use , . 

We further understand that [CLIENT] currently plans to use the mark in the United States only, but may consider expanding use to other countries if its new product/service is commercially successful.

  1. Summary of Availability Opinion. Based on the results of the comprehensive search report,
  2. Scope of Trademark Search. The trademark search report provided by included potentially relevant references from the following sources:

used USPTO data that was current as of the date of the search. However, a time delay resulting from the schedule under which the USPTO releases data to the public could prevent discovery of certain applications. In addition, although has represented that it took all reasonable steps to insure the completeness and accuracy of its report, for various reasons—including the subjective nature of trademark searches, incomplete data provided by information providers, and the integrity of the data library—the search report cannot be warranted by us or anyone else as error-free or complete. disclaims all warranties of merchantability or fitness for a particular purpose. As with any search, it is possible that additional prior uses of the same or similar terms exist that do not appear in the search report.

  1. Selected References from the Search Report. We have identified the following references of primary interest from the search report:

Federal 

State

Common Law

Domains/Websites


  1. Analysis of Search Results. Our analysis of the most pertinent federal registrations, state registrations, common law uses, and domain names revealed in the search is set forth below.

Federal Registration Analysis

State Registration Analysis

Common Law Use Analysis

Domain & Website Analysis

  1. Conclusion Regarding Use and/or Registration of Proposed Mark. Based on the registrations and the apparent uses outlined above, it is our view that a risk level of   exists with the potential use and registration in the United States of   due to the fact that:

Basis for Risk Assessment

Legal Reasoning for Risk Assessment

Thank you for the opportunity to assist you in connection with this matter. If you have any questions regarding the foregoing, any aspect of this matter, or if you would like us to conduct foreign searches directed towards , please let us know.

Very truly yours,

Attorney Taren Marsaw

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Document name: Trademark Opinion Letter
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July 26, 2021 12:34 pm CDTTrademark Opinion Letter Uploaded by Taren Marsaw - taren@marsawlaw.com IP 108.70.53.227